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ARTICLE · 26 MARCH 2014

The Written Description Requirement In US Design Patent Prosecution: Background And Recent Developments

Banner & Witcoff
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On February 6, 2014, the United States Patent and Trademark Office announced a roundtable to solicit public opinions regarding the written description requirement as applied to US design patent applications in "rare" situations.

United StatesIntellectual Property
Richard Stockton
Richard Stockton

Introduction

On February 6, 2014, the United States Patent and Trademark Office ("USPTO") announced a roundtable to solicit public opinions regarding the written description requirement ("WDR") as applied to US design patent applications ("DPAs") in "rare" situations ("Roundtable").1 The USPTO scheduled the Roundtable for the afternoon of March 5, and also requested written comments (due March 14).

The Roundtable responds what many design patent practitioners perceive as an unannounced shift to a heightened WDR standard for DPAs. This white paper introduces the WDR for DPAs, summarizes recent developments (including the Roundtable) and then assesses next steps.

The WDR for DPAs

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