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Can a design patent application claim priority to a utility nonprovisional application? Yes, a design patent application may claim priority to a pending utility nonprovisional patent application, but not to a provisional patent application under 35 USC § 172.

Design patents legally protect what an invention or creative work looks like, its shape and configuration, and any specific ornamentation or coloration (35 U.S.C. 171).

A design patent cannot be converted to a utility patent via reissue.

Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.

A typical utility patent includes an abstract, drawings (if necessary), a descriptive specification, and a numbered listing of claims. The abstract is a concise summary of your invention, usually reflecting the language of your as-filed claims.

Related U.S. Application Data: This field relates to prior filed applications related to the pending application. 11a. Continuing Patent Application (if applicable). A patent application which claims priority to an earlier patent application during its pendency.

Requirements for filing a provisional application: A detailed written description of the invention including drawings. Title of the invention. Name(s) of all inventors. Inventor(s) residence(s) Name and registration number of attorney or agent and docket number (if applicable) Correspondence address.

A patent publication is a published utility patent application which is not the same thing as a patent. While a published patent application may eventually issue into a patent, the patent publication consists of only the application itself, namely, the drawings and written specification.

The patent application generally contains a description of the invention and at least one claim purporting to define it. A patent application may also include drawings to illustrate the invention. Furthermore, an abstract is generally required.