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Design Patent Perspective:
The Design Patent Application -- Part 1



By Robert G. Oake, Jr.

Robert G. Oake, Jr. specializes in patent litigation. He is a registered patent attorney and is board certified as a civil trial advocate by the National Board of Trial Advocacy. Robert earned a master of laws degree in patent and intellectual property law (with highest honors) from The George Washington School of Law, a general master of laws with concentrations in international business and technology transfer law from the SMU School of Law, and a J.D. from South Texas College of Law, where he was school moot court champion his first year and state moot court champion his third year.

Robert served as lead trial and appellate counsel for Egyptian Goddess, Inc. in Egyptian Goddess v. Swisa (en banc). Robert maintains legal websites at www.oake.com and www.designpatentschool.com. He may be contacted at rgo@oake.com.

An average of just over four hundred new design patents issue every Tuesday. Each one has an electronic image file wrapper publicly available through the Patent Application Information Retrieval (PAIR) system at www.uspto.gov.

If you peruse the application papers in these file wrappers, you will notice there is not one standard way to apply for a design patent. Different applications often contain different types of forms and other documents,...

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