How to Avoid Office Action on Your Design Patent Application? [Do’s & Don’t]

Your innovation is now complete. Your patent application has been submitted. Everything is proceeding swimmingly until your first workplace action arrives. You would like to snuggle back into bed after finishing the last page. Do not be alarmed, no matter how horrible things appear. That patent will not be granted by the United States Patent and Trademark Office (USPTO). By presenting your argument to the patent examiner, you can overcome the Office action patent denial. Before you even submit your patent application, you must begin working on a good Office action response.

“Office Action” – What is it?

Office Response or Office Action is the patent office's formal response to your patent application. Different types of replies from the innovator may be required by the Department. An office action may, for instance, dispute the way a design is presented or the structure of your patent filing. An Office intervention can also result in the rejection of your patent due to a lack of novelty.

Office Action & Novelty of Your Patent

Patents in the United States demand 100% novelty: no one else can claim credit for inventing, publishing, or presenting your idea before oneself. Learning how to make sure you have absolute innovation begins with a thorough patent search, which you should conduct before filing a provisional patent application. You must be aware of what other inventors, engineers, and businesses have stated about your creation. A decent patent search will return a few results that will help you clarify what makes your innovation unique by demonstrating what others have accomplished.
You're cleaning your millionth nappy, for instance, and you're kicking yourself for using cloth nappies. The cotton diaper wraps you use to wrap your son's legs always leak around his legs. All of the acrylic pants that you attach over the cotton diapers are rigid around his thighs. You get an idea for a pattern that will go all the way down the kids' legs and cover the thick cloth diaper - it can't go wrong. You look online and discover that such a pattern is not used on any cloth diaper covers.
Include citations to all of the rubber diapers covers you discovered when filing your invention. They tell your patent's story: no one considered to stretch the diaper cover-to- cover leaks. It will assist the examiner in determining what distinguishes your invention from others. After that, the examiner will undertake his or her investigation. If you've already displayed the reviewer's relevant results, they'll be less likely to conduct a search that yields irrelevant outcomes.
Imagine getting your first Office action two years after filing your patent. Because they discovered a catalog with a disposable diaper with expanded legs, the inspector denied all of your claims. The Office response will discuss the legal basis for the application denial, list the patent or publication that demonstrates your innovation is not innovative, and argue why it is too comparable to your innovation.

Do’s and Don’ts to Keep in Mind

What is a patent filing, and what is patentable intellectual property? This is a difficult question to answer because patents can cover a wide range of topics. Invention patents, utility patents, file patents, design patents, process patents, and plant patents are all examples of applications. or maybe even a patent application.
While fast patent investigation on the internet can provide definitions of patent protection and patent expiration, it cannot provide all of the necessary features of patent law and the US patent office's application process. Similarly, it might be difficult to decide when a provisional application is preferable to a non-provisional filing unless you speak with an experienced patent lawyer.
When applying for a patent through a provisional patent application, keep the following essential dos and don'ts in mind:

Consider the Time You Have Left

A person who decides to disclose his or her innovation will have one full year (after public disclosure) to apply for a patent, as explained by any registered patent agency you speak with. A nonprovisional application is what this term refers to.
It can take a long time to obtain a patent. If you believe you would not have much time to complete the patent application procedure, you may instead apply for a provisional patent with the United States Patent and Trademark Office (USPTO).

Consider Your Budget

A patent filing might be expensive to file. A competent patent practitioner, on the other hand, can assist you in filing a trademark application with the USPTO, which is far less expensive.
An innovator will almost certainly file a patent file to monopolize the market and profit from the innovation he or she has revealed. A provisional application will allow you to obtain a filing date at a lesser cost and will give you time to test the market before filing a nonprovisional petition.

Always Expect Modifications

An application is generally the best option if your work is still in the final phases of production but you need covering. If you submitted a nonprovisional patent file for a model that has been extensively altered and varies markedly from the source, the USPTO will almost certainly urge you to issue a formal application and start again.
An application could enable you to reveal the prototype's numerous possible versions. This can provide you with some product development flexibility as well as the opportunity to save time and money.

Consult Your Lawyer

The patent registration process, as well as the associated patent costs and the process of securing a patent, can be stressful. It will be easier for you to understand how to file an innovation disclosure statement, submit a patent application, and secure a patent if you consult with a licensed practicing lawyer.
Intellectual property, which encompasses preliminary and non-provisional patent registration, the patent procedure, and related patent rights, is a critical matter. You might not realize how crucial patent systems, patenting, copyrights, and trademarks are to your business.
Keep your innovations safe. Do not put off filing a patent application. Get in touch with a qualified patent attorney for more details on patents and to ensure that your patent application goes smoothly.

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