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Design Patents FAQs

What is the PTO's design patent examination process?

The examiner makes sure the application complies with the necessary formalities. The drawing disclosure must be complete and the examiner will conduct a thorough comparison of the claimed design with any "prior art" (i.e., previously patented or published designs). The USPTO examiner may make amendment suggestions or otherwise communicate with you during this process. If the Patent Office finds the design patentable, the application is allowed. The USPTO will notify the applicant directly with instructions on completing the patent process.