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

Thu Apr 18 18:08:12 UTC 2024

Indeed there is — thank you!!  I try to learn something new every day, and my day’s goal has now been fulfilled.  Maybe I should quit work early while I’m ahead!

Interestingly, I haven’t been having any problems accessing Patent Center using Safari on my Mac, but the color drawing links don’t work in Safari.  I fired up Microsoft Edge and they worked there without problem.  Go figure.

 - Mike.

> On Apr 18, 2024, at 11:01 AM, Randall Svihla <rsvihla at nsiplaw.com> wrote:
> 
> Hi, Michael
>  
> There should be a link on the left side of Patent Center named "Supplemental Content."  Click on that and there will be a drawing file you can download if in fact color drawings were uploaded and coded as color drawings.
>  
> Best regards,
>  
> Randall S. Svihla
> NSIP Law
> Washington, D.C.
>  
>  
> From: Patentpractice <patentpractice-bounces at oppedahl-lists.com <mailto:patentpractice-bounces at oppedahl-lists.com>> On Behalf Of Michael Dryja via Patentpractice
> Sent: Thursday, April 18, 2024 1:56 PM
> To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com <mailto:patentpractice at oppedahl-lists.com>>
> Cc: Michael Dryja <mike at dryjapat.com <mailto:mike at dryjapat.com>>
> Subject: Re: [Patentpractice] getting a color physical certified copy? (was Re: Design Patents Granted in Color?)
>  
> Hi Carl,
>  
> I meekly admit that I do not what SCORE is nor how to access it.  In 30 years of practice this is the first time I’ve ever needed to access color drawings!  :\
>  
>  - Mike.
> 
> 
> On Apr 16, 2024, at 9:07 AM, Carl Oppedahl via Patentpractice <patentpractice at oppedahl-lists.com <mailto:patentpractice at oppedahl-lists.com>> wrote:
>  
> 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> <mailto: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> <mailto: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> <mailto:patentpractice at oppedahl-lists.com>
> Cc: Scott Nielson <scnielson at outlook.com> <mailto: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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