[Patentpractice] getting a color physical certified copy? (was Re: Design Patents Granted in Color?)

[Carl Oppedahl]

Yes I have gone around and around with the Office of Public Records on this.


Over and over again I have ordered up a physical certified copy of a US 
patent application in which color drawings were filed. They are right 
there in SCORE.  When I order the copy, I phone up the OPR to emphasize 
that they need to use the SCORE drawings when they prepare the physical 
certified copy.


Over and over again, they play dumb and use only the poor quality 
(halftoned, no color) drawings from IFW.


Over and over again, I place followup calls to OPR to say the certified 
copy was defective and can they send a new certified copy that is not 
defective.


I think the last five times I went through this bad movie with OPR, only 
once out of five times did I end up with a non-defective physical 
certified copy.


The next thing you might thing is, maybe DAS would work better. But no, 
the electronic certified copy that the USPTO makes available to DAS is 
also defective.


On 4/16/2024 8:46 AM, Goldberg, Judi via Patentpractice wrote:
>
> 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"
>
> 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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