Features of the U.S. design patent application process

The USPTO conducts formality examination and substantive examination of the design application, and the substantive examination starts automatically. The applicant does not need to submit a separate request for substantive examination, and can only submit one claim. The applicant is obliged to disclose through the Information Disclosure Statement (IDS) details of information that has an impact on the patentability of the design, including but not limited to prior art, publications, sales records, etc. This obligation extends to the announcement of the grant of the patent or the withdrawal of the patent application. Failure to disclose significant prior art may result in the patentee being unable to enforce the underlying patent.

• No official fee is required if the IDS is filed within three months from the filing date or before the first office action is issued.
• Additional official fees are payable if the information cited in the IDS appeared in a foreign patent application three months before the filing of the IDS, or if the applicant or the applicant's representative completed the invention three months ago.