[Patentpractice] Design Patents Granted in Color?

[Goldberg, Judi]

Hi Scott - do you know if there is a way to obtain a certified copy of a US design application as filed which includes color drawings?  We got a rejection that the drawings in our foreign application (color) didn't match what was filed in the US because the drawings in the certified copy of the US priority design application were in black and white.  The USPTO told me they don't issue certified copies in color, but color is/can be an important element of a design application.

Suggestions?

Thanks in advance!
Judi

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Scott Nielson via Patentpractice
Sent: Monday, April 15, 2024 6:55 PM
To: Oppedahl List [Patent Practice] <patentpractice at oppedahl-lists.com>
Cc: Scott Nielson <scnielson at outlook.com>
Subject: [Patentpractice] Design Patents Granted in Color?


[External Email]
I filed a design patent with non-vector drawings and used the document description "Drawings-only black and white line drawings." I rasterized the drawings before filing so they were already in the format the USPTO likes (1 bit black and white monochrome).

The USPTO entered an exact copy of the drawings I filed in the Supplemental Content tab.

When the patent was granted, the PTO issued a "SCORE Placeholder Sheet for IFW Content" stating that SCORE contains a "Patent Grant with Color/Grayscale Drawings."

In SCORE, there is a tab labeled "File type" "US Patent Color"
[cid:image001.png at 01DA8FE2.ED2BEA30]

In this tab in SCORE, I can download a copy of the patent that is password protected and ostensibly would have had color drawings if I had filed color drawings. It appears that USPTO has implemented color drawings for all design patents. If you file color drawings, there will be a copy of the design patent in SCORE that includes the color drawings.

This also means that for each design patent, the granted patent is published electronically in there different formats:
1. the public pdf version available on PPUBS. This uses the halftone drawings.
2. the eGrant copy available in Patent Center that includes a signed digital signature but is otherwise unlocked. I'm not sure if this the halftone or original drawings.
3. the color copy in SCORE that includes copies of the original drawings as uploaded by the applicant including color. The pdf file is locked with password protection and 128-bit encryption (it allows printing, content copying, and content copying for accessibility).

I suppose the takeaway is that for design patents, go ahead and file in color. The USPTO will issue a copy of the application in SCORE with color drawings (and maybe the eGrant will have color drawings).


Scott Nielson

801-660-4400
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