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Design Patents
During the application examination process, a search of the prior art is typically conducted by the Patent Office to determine whether your design is truly novel. There are of course advantages to conducting a search first on your own while preparing your application. This will allow you to determine if someone else has already patented your design.
Also, you can be prepared for any previous patents or publications (prior art) which the Patent Office may bring up during examination. You can conduct a search for prior art online, at a Patent and Trademark Depository Library or by using a professional search service, such as LegalZoom. LegalZoom’s comprehensive patent search service includes all relevant prior art in your field of invention.
Design patent applications require far less description than utility patent applications. The Patent Office considers the best “description” of a design to be represented by drawings. That’s why it is relatively difficult to conduct a patent search using keywords as you would for a utility patent search. However, it is still useful to try searching the particular classes and subclasses of inventions during this process. The LegalZoom patent search can help you perform a design patent search.
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