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

[Carl Oppedahl]

On 4/16/2024 9:50 AM, Carl Oppedahl via Patentpractice wrote:
>
> 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
>
think
>
> 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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