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Design Patent Perspective:
The Design Patent Application -- Part 2

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 and He may be contacted at

The five items absolutely necessary for a complete design patent application are: (1) title, (2) specification with figure descriptions and one claim, (3) drawings, (4) an oath or declaration, and (5) fees. In last month’s column we discussed the title. Now we will discuss the specification and introduce the claim and drawings.

The written description in a design patent specification usually is very simple. In contrast to word rich utility patent descriptions that must...

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