Attachment 26 - DCB 2019-01 (27).docx
DOCX document 23 KB Posted
- Attached to
- Patent Data and Document Management Federal contract opportunity
- Solicitation number
- ACQ-20-0057
About this file
This bulletin provides guidance for the United States Patent and Trademark Office regarding the formal terms required for design patent claims. When examining design patent applications, examiners should send a "printer rush" query if the design claim is not stated in formal terms following the requirements of 37 CFR 1.153(a). Minor additions to the claim or title are acceptable, but the claim must use language variant of "formal terms" such as specifying the ornamental design for the article as shown. Examples of claims not in formal terms include those stating design features or using language like "having two loops." Examiners should request resolution using a supplemental notice of allowability with a claim in the proper formal terms. The contractor is responsible for sending additional rushes if needed to obtain the formally stated claim.
This solicitation is for a patent data and document management contract with the United States Patent and Trademark Office. The contractor will provide indexing and scanning of paper documents, quality review of electronic filings, and patent data capture and composition services. Responsibilities include front-end processing, pre-grant publication, post-allowance processing, and post-issuance activities. The contractor must convert and compose patent application data from various sources for publication and issuance according to statutory requirements and quality standards. Deliverables must be uniform and ready for publication on scheduled dates. The statement of work, production schedules, and technical references in the forthcoming RFP sections will provide full details on requirements and quality standards.
View the file
Other files for this federal contract opportunity
Show all 50
Patent Data and Document Management has more files on GovTribe.
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
D a t a C a p t u r e B u l l e t i n
Number 2019-29 December 13, 2019
WHEN DESIGN CLAIM
IS NOT STATED IN FORMAL TERMS
The information in this bulletin will be included in the 2020 revision of
DATA ENTRY MANUAL FOR NON-UTILITY PATENT DOCUMENTS,
OTHER THAN PATENT APPLICATION PUBLICATIONS.
***This bulletin is effective immediately.***
See DATA ENTRY MANUAL FOR NON-UTILITY PATENT DOCUMENTS, OTHER THAN PATENT APPLICATION PUBLICATIONS, Section I. DESIGN PATENT, Columns, Title.
In the guidelines for verifying that the design title is in substantial agreement with the wording of the design claim, guideline (f) is superseded by what is shown below.
(f) NO query regarding minor variations in the phrasing of the design title or design claim, but a “printer rush” QUERY will be sent when the design claim is not stated “in formal terms.” 37 CFR 1.153(a) says that “The [design] claim shall be in formal terms to the ornamental design for the article (specifying name) as shown, or as shown and described.” Minor additions such as “or the like” to the claim or title, or such as “substantially” to the claim, are acceptable. A RUSH should be sent if the design claim is not stated in some variant of “formal terms”—for example, if the design claim says “Two part mobile electronic device case having two loops on each side to hold supporting straps.” The RUSH should include wording similar to the following: “The design claim is not stated in formal terms. See 37 CFR 1.153(a). Please resolve via a supplemental notice of allowability.” If the XRUSH and accompanying document(s) do not include a supplemental notice of allowability that provides the design claim stated in formal terms, the PaDaCap contractor will send another RUSH.
DCB No. 2019-29 Office of Data Management Page 1 of 2
File details come from the government source that posted it. Updated .