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

[Carl Oppedahl]

Aren't the color drawings in SCORE?  What did you find when you looked 
in SCORE?

On 4/16/2024 10:00 AM, Michael Dryja via Patentpractice wrote:
> I have a related issue …
>
> We have a 102 reference (issued utility patent) asserted against us (a 
> utility application).  In the 102 reference, color drawings were 
> submitted, and Patent Center shows that there was a petition to accept 
> color drawings, which was accepted.
>
> The halftoned drawings are inscrutable.  I literally cannot read some 
> of the blocks of the flowchart, and being able to read them is 
> somewhat critical to our argument.
>
> The halftoned version of the original drawings that were uploaded by 
> the applicant in the 102 reference, as available in Patent Center, are 
> a bit better than the drawings in the published patent application and 
> the issued patent, but not much.
>
> Is there any way to get the actual original color drawings that 
> presumably were originally filed?
>
>  - Mike.
>
>> On Apr 16, 2024, at 8:50 AM, Carl Oppedahl via Patentpractice 
>> <patentpractice at oppedahl-lists.com> 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 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"
>>> <image001.png>
>>> 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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>
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