titleIn this section, we explain the basic principles involved in filing a utility patent application and a design patent application. We also provide a completed example of both types of patents. Applicants can also obtain help from the instructions provided at the U.S. Patent and Trademark Office (USPTO) website (www.uspto.gov).
Preparing a utility patent application follows the same basic procedure whether one files electronically (via EFS-WEB system) or by mail. There are several advantages to filing electronically, including paying lower fees. (Applicants who file by mail must pay a nonelectronic filing fee of $400 for large entities and $200 for small and micro entities.) Either way, two documents are at the heart of every utility application:
• The Specification. This document describes the invention so that someone knowledgeable in the field of the invention can make and use it without any further experimenting. It also discloses the “best mode” of creating and using the invention. In other words, the specification is a statement that explains the best way to make and use an invention. If the inventor knew of a better way (or “best mode”) and failed to disclose it, that failure could result in the loss of patent rights. The specification consists of several sections including:
title
background of the invention—this usually includes cross-references to any related applications, references to a microfiche appendix, a statement regarding federally sponsored research or development, the field of the invention, and a discussion of prior art
summary of the invention—this usually includes the objects (what the invention accomplishes) and advantages (why the invention is superior to the prior art) of the invention
description of the drawings
detailed description of the invention and how it works
abstract—a concise, one-paragraph summary of the structure, nature, and purpose of the invention, and
claims. Of all the elements, claims are often the hardest to draft (and hardest to decipher). One reason is that claims follow strict grammatical requirements: They are sentence fragments, always start with an initial capital letter, and contain one period and no quotation marks or parentheses (except in mathematical or chemical formulas). Claims are usually made up of independent and dependent claims. One claim is stated as broadly as possible (the “independent claim”) and then followed by successively narrower claims designed to specifically recite possible variations on the invention (“dependent claims”). The independent claim stands by itself, while a dependent claim always refers back and incorporates the language of another independent or dependent claim.
• Drawings. Patent drawings (also known as “drawing sheets”) are visual representations of the invention that must be included with the application if necessary to explain the invention. The drawings must show every feature recited in the claims. There are strict standards for patent drawings as to materials, size, form, symbols, and shading. For help in preparing drawings, consult How to Make Patent Drawings, by Jack Lo and David Pressman (Nolo). If you’d prefer to have a patent draftsperson prepare the drawings, expect to pay between $75 to $150 per drawing sheet.
In addition to the Specification and Drawings, the application must include certain data and the fees. Below are the paper forms that are required. Much of this is incorporated directly into the EFS-WEB program, so if filing electronically, you will provide this information in an online form. These paper forms include:
• Transmittal Form. The Transmittal Form serves as a cover letter for the application. It describes what is being filed, the names of the inventors, the number of pages, the fee, and other information used by the USPTO to categorize the filing. All of the inventors must sign the transmittal form. (All of the USPTO forms required for an application are downloadable from the USPTO website, at www.uspto.gov.)
• Fee Transmittal Form. This form provides information about your fee, including whether you are claiming Small Entity Status. (Most inventors claim this reduced-fee status unless they have transferred their invention rights to a for-profit business with more than 500 employees.)
• Credit Card Transmittal Form. You must complete this additional form if you are paying by credit card.
• Fee. You can pay by personal check, money order, or credit card. Check the USPTO website for current fees. The fee depends on several variables, including the number of independent and dependent claims, whether the applicant qualifies for Micro Entity Status or Small Entity Status, and whether an assignment is being filed (transferring rights from the inventor to another entity). You can review current filing fees at the USPTO website.
• Patent Application Declaration (PAD). The PAD certifies the accuracy of the statements in the application—in other words, that you are telling the truth.
In addition to these documents, the following documents might also be included in the utility patent application:
• Information Disclosure Statement. This should be included if you know of any relevant prior art. You don’t have to include it with the application; you can file it within three months after you file the application.
• Petition to Make Special. Include this if you want to accelerate the examination process by a few months. You can request it only if you meet one of the requirements in the patent law—for example, your invention relates to HIV/AIDS or cancer research, counters terrorism, or results in significant energy savings, or if the applicant’s health is poor.
• Assignment and Cover Sheet. Include this if you are transferring ownership of the patent. You don’t have to provide it with the application; you can file it any time.
• Return Receipt Postcard. This is optional, but it provides proof that the application was received by the USPTO.
A patent application may be filed in the name of the true inventor or inventors or the assignee. If there is more than one inventor, each becomes an applicant for the patent, and each automatically owns equal shares of the invention and any resulting patents.
Inventorship can be different from legal ownership. Often, all or part of the ownership rights to the invention and the patent application must be transferred to someone else, either an individual or a legal entity. For example, some inventors are hired to invent for companies; they might be required to transfer ownership of any inventions they create as a condition of employment. To make the transfer, the inventor must legally transfer the interest by filing an assignment, either with the patent application or at any time afterward. Some inventors prefer to wait until they have a received a serial number for the application before filing the assignment.
Even if the patent doesn’t indicate the assignment, the assignment will still be effective if the USPTO has recorded it.
Should You Do Your Own Utility Patent Application or Hire a Professional?
Many inventors have obtained patents on their own, often using the method David Pressman devised in his book, Patent It Yourself (Nolo). Doing your own patent requires considerable diligence. If you have sufficient funds but don’t have the time or writing skills to do it on your own, you might be better off hiring a professional.
Of course, you can do some of the work yourself and hire a professional to do the rest. You can, for example, draft your application then have an attorney review it, or hire an attorney only if your application runs into problems with a USPTO examiner. Or you can familiarize yourself with the patent drafting rules so that you can save time explaining your invention and preparing your patent.
An example of a completed patent specification is provided below.
Interested in Filing a Provisional Patent Application?
If you are interested in preparing a provisional patent application (PPA), Nolo offers two resources. You can prepare and file the PPA yourself using the book Patent Pending in 24 Hours, by Richard Stim and David Pressman, or you can file your PPA directly using Nolo’s interactive online PPA filing procedures (www.nolo.com).
Specification of Sample Patent Application
A2-Koppe
Lam.SB
Patent Application of
Lou W. Koppe
for
TITLE: PAPER-LAMINATED PLIABLE CLOSURE FOR FLEXIBLE BAGS
CROSS-REFERENCE TO RELATED APPLICATIONS Not Applicable
FEDERALLY SPONSORED RESEARCH Not Applicable
SEQUENCE LISTING OR PROGRAM Not Applicable
BACKGROUND OF THE INVENTION—FIELD OF INVENTION
This invention relates to plastic tab closures, specifically to such closures which are used for closing the necks of plastic produce bags.
BACKGROUND OF THE INVENTION
Grocery stores and supermarkets commonly supply consumers with polyethylene bags for holding produce. Such bags are also used by suppliers to provide a resealable container for other items, both edible and inedible.
Originally these bags were sealed by the supplier with staples or by heat. However, consumers objected since these were of a rather permanent nature: The bags could be opened only by tearing, thereby damaging them and rendering them impossible to reseal.
Thereafter, inventors created several types of closures to seal plastic bags in such a way as to leave them undamaged after they were opened. U.S. patent 4,292,714 to Walker (1981) discloses a complex clamp which can close the necks of bags without causing damage upon opening; however, these clamps are prohibitively expensive to manufacture. U.S. patent 2,981,990 to Balderree (1961) shows a closure which is of expensive construction, being made of PTFE, and which is not effective unless the bag has a relatively long “neck.”
Thus, if the bag has been filled almost completely and consequently has a short neck, this closure is useless. Also, being relatively narrow and clumsy, Balderree’s closure cannot be easily bent by hand along its longitudinal axis. Finally, his closure does not hold well onto the bag, but has a tendency to snap off.
Although twist closures with a wire core are easy to use and inexpensive to manufacture, do not damage the bag upon being removed, and can be used repeatedly, nevertheless they simply do not possess the neat and uniform appearance of a tab closure, they become tattered and unsightly after repeated use, and they do not offer suitable surfaces for the reception of print or labeling. These ties also require much more manipulation to apply and remove.
Several types of thin, flat closures have been proposed—for example, in U.K. patent 883,771 to Britt et al. (1961) and U.S. patents 3,164,250 (1965), 3,417,912 (1968), 3,822,441 (1974), 4,361,935 (1982), and 4,509,231 (1985), all to Paxton. Although inexpensive to manufacture, capable of use with bags having a short neck, and producible in break-off strips, such closures can be used only once if they are made of frangible plastic since they must be bent or twisted when being removed and consequently will fracture upon removal. Thus, to reseal a bag originally sealed with a frangible closure, one must either close its neck with another closure or else close it in makeshift fashion by folding or tying it. My own patent 4,694,542 (1987) describes a closure which is made of flexible plastic and is therefore capable of repeated use without damage to the bag, but nevertheless all the plastic closures heretofore known suffer from a number of disadvantages:
(a) Their manufacture in color requires the use of a compounding facility for the production of the pigmented plastic. Such a facility, which is needed to compound the primary pigments and which generally constitutes a separate production site, requires the presence of very large storage bins for the pigmented raw granules. Also, it presents great difficulties with regard to the elimination of the airborne powder which results from the mixing of the primary granules.
(b) If one uses an extruder in the production of a pigmented plastic—especially if one uses only a single extruder—a change from one color to a second requires purging the extruder of the granules having the first color by introducing those of the second color. This process inevitably produces, in sizable volume, an intermediate product of an undesired color which must be discarded as scrap, thereby resulting in waste of material and time.
(c) The colors of the closures in present use are rather unsaturated. If greater concentrations of pigment were used in order to make the colors more intense, the plastic would become more brittle and the cost of the final product would increase.
(d) The use of pigmented plastic closures does not lend itself to the production of multicolored designs, and it would be very expensive to produce plastic closures in which the plastic is multicolored—for example, in which the plastic has stripes of several colors, or in which the plastic exhibits multicolored designs.
(e) Closures made solely of plastic generally offer poor surfaces for labeling or printing, and the label or print is often easily smudged.
(f) The printing on a plastic surface is often easily erased, thereby allowing the alteration of prices by dishonest consumers.
(g) The plastic closures in present use are slippery when handled with wet or greasy fingers.
(h) A closure of the type in present use can be very carefully pried off a bag by a dishonest consumer and then attached to another item without giving any evidence of such removal.
BACKGROUND OF INVENTION—Objects and Advantages
Accordingly, besides the objects and advantages of the flexible closures described in my above patent, several objects and advantages of the present invention are:
(a) to provide a closure which can be produced in a variety of colors without requiring the manufacturer to use a compounding facility for the production of pigments;
(b) to provide a closure whose production allows for a convenient and extremely rapid and economical change of color in the closures that are being produced;
(c) to provide a closure which both is flexible and can be brightly colored;
(d) to provide a closure which can be colored in several colors simultaneously;
(e) to provide a closure which will present a superior surface for the reception of labeling or print;
(f) to provide a closure whose labeling cannot be altered;
(g) to provide a closure which will not be slippery when handled with wet or greasy fingers; and
(h) to provide a closure which will show evidence of having been switched from one item to another by a dishonest consumer—in other words, to provide a closure which makes items tamper-proof.
Further objects and advantages are to provide a closure which can be used easily and conveniently to open and reseal a plastic bag without damage to the bag, which is simple to use and inexpensive to manufacture, which can be supplied in separate tabs en masse or in break-off links, which can be used with bags having short necks, which can be used repeatedly, and which obviates the need to tie a knot in the neck of the bag or fold the neck under the bag or use a twist closure. Still further objects and advantages will become apparent from a consideration of the ensuing description and drawings.
SUMMARY
In accordance with the present invention, a bag closure comprises a flat body having a notch, a gripping aperture adjacent the notch, and a layer of paper laminated on its side.
DRAWINGS—FIGURES
In the drawings, closely related figures have the same number but different alphabetic suffixes.
Figs 1A to 1D show various aspects of a closure supplied with a longitudinal groove and laminated on one side with paper.
Fig 2 shows a closure with no longitudinal groove and with a paper lamination on one side only.
Fig 3 shows a similar closure with one longitudinal groove.
Fig 4 shows a similar closure with a paper lamination on both sides.
Fig 5 shows a similar closure with a paper lamination on one side only, the groove having been formed into the paper as well as into the body of the closure.
Figs 6A to 6K show end views of closures having various combinations of paper laminations, longitudinal grooves, and through-holes.
Figs 7A to 7C show a laminated closure with groove after being bent and after being straightened again.
Figs 8A to 8C show a laminated closure without a groove after being bent and after being straightened again.
DRAWINGS—Reference Numerals
10 |
base of closure |
14 |
hole |
18 |
groove |
22 |
tear of paper lamination |
26 |
longitudinal through-hole |
30 |
side of base opposite to bend |
12 |
lead-in notch |
16 |
gripping points |
20 |
paper lamination |
24 |
corner |
28 |
neck-down |
32 |
crease |
DETAILED DESCRIPTION—FIGS. 1A AND 1B—PREFERRED EMBODIMENT
A preferred embodiment of the closure of the present invention is illustrated in Fig 1A (top view) and Fig 1B (end view). The closure has a thin base 10 of uniform cross section consisting of a flexible sheet of material which can be repeatedly bent and straightened out without fracturing. A layer of paper 20 (Fig 1B) is laminated on one side of base 10. In the preferred embodiment, the base is a flexible plastic, such as poly-ethylene-tere-phthalate (PET—hyphens here supplied to facilitate pronunciation) available from Eastman Chemical Co. of Kingsport, TN. However, the base can consist of any other material that can be repeatedly bent without fracturing, such as polyethylene, polypropylene, vinyl, nylon, rubber, leather, various impregnated or laminated fibrous materials, various plasticized materials, cardboard, paper, etc.
At one end of the closure is a lead-in notch 12 which terminates in gripping points 16 and leads to a hole 14. Paper layer 20 adheres to base 10 by virtue either of the extrusion of liquid plastic (which will form the body of the closure) directly onto the paper or the application of heat or adhesive upon the entirety of one side of base 10. The paper-laminated closure is then punched out. Thus the lamination will have the same shape as the side of the base 10 to which it adheres.
The base of the closure is typically .8 mm to 1.2 mm in thickness, and has overall dimensions roughly from 20 mm x 20 mm (square shape) to 40 mm x 70 mm (oblong shape). The outer four corners 24 of the closure are typically beveled or rounded to avoid snagging and personal injury. Also, when closure tabs are connected side-to-side in a long roll, these bevels or roundings give the roll a series of notches which act as detents or indices for the positioning and conveying of the tabs in a dispensing machine.
A longitudinal groove 18 is formed on one side of base 10 in Fig 1. In other embodiments, there may be two longitudinal grooves—one each side of the base—or there may be no longitudinal groove at all. Groove 18 may be formed by machining, scoring, rolling, or extruding. In the absence of a groove, there may be a longitudinal through-hole 26 (Fig 6L). This through-hole may be formed by placing, in the extrusion path of the closure, a hollow pin for the outlet of air.
Figs 2-5—Additional Embodiments
Additional embodiments are shown in Figs 2, 3, 4, and 5; in each case the paper lamination is shown partially peeled back. In Fig 2 the closure has only one lamination and no groove; in Fig 3 it has only one lamination and only one groove; in Fig 4 it has two laminations and only one groove; in Fig 5 it has two laminations and one groove, the latter having been rolled into one lamination as well as into the body of the closure.
Figs 6A-6B—Alternative Embodiments
There are various possibilities with regard to the relative disposition of the sides which are grooved and the sides which are laminated, as illustrated in Fig 6, which presents end views along the longitudinal axis. Fig 6A shows a closure with lamination on one side only and with no groove; Fig 6B shows a closure with laminations on both sides and with no groove; Fig 6C shows a closure with only one lamination and only one groove, both being on the same side; Fig 6D shows a closure with only one lamination and only one groove, both being on the same side and the groove having been rolled into the lamination as well as into the body of the closure; Fig 6E shows a closure with only one lamination and only one groove, the two being on opposite sides; Fig 6F shows a closure with two laminations and only one groove; Fig 6G shows a closure with two laminations and only one groove, the groove having been rolled into one lamination as well as into the body of the closure; Fig 6H shows a closure with only one lamination and with two grooves; Fig 6I shows a closure with only one lamination and with two grooves, one of the grooves having been rolled into the lamination as well as into the body of the closure; Fig 6J shows a closure with two laminations and with two grooves; Fig 6K shows a closure with two laminations and with two grooves, the grooves having been rolled into the laminations as well as into the body of the closure; and Fig 6L shows a closure with two laminations and a longitudinal through-hole.
The manner of using the paper-laminated closure to seal a plastic bag is identical to that for closures in present use. Namely, one first twists the neck of a bag (not shown here but shown in Fig 12 of my above patent) into a narrow, cylindrical configuration. Next, holding the closure so that the plane of its base is generally perpendicular to the axis of the neck and so that lead-in notch 12 is adjacent to the neck, one inserts the twisted neck into the lead-in notch until it is forced past gripping points 16 at the base of the notch and into hole 14.
To remove the closure, one first bends it along its horizontal axis (Fig 1C—an end view—and Figs 7 and 8) so that the closure is still in contact with the neck of the bag and so that gripping points 16 roughly point in parallel directions. Then one pulls the closure up or down and away from the neck in a direction generally opposite to that in which the gripping points now point, thus freeing the closure from the bag without damaging the latter. The presence of one or two grooves 18 or a longitudinal through-hole 26 (Fig 6L), either of which acts as a hinge, facilitates this process of bending.
The closure can be used to reseal the original bag or to seal another bag many times; one simply bends it flat again prior to reuse.
As shown in Figs 1C, 7B, and 8B (all end views), when the closure is bent along its longitudinal axis, region 30 of the base will stretch somewhat along the direction perpendicular to the longitudinal axis. (Region 30 is the region which is parallel to this axis and is on the side of the base opposite to the bend.) Therefore, when the closure is flattened again, the base will have elongated in the direction perpendicular to the longitudinal axis. This will cause a necking down 28 (Figs 1D, 7C, and 8C) of the base, as well as either a telltale tear 22, or at least a crease 32 (Figs 7A and 8A) along the axis of bending. Therefore, if the closure is attached to a sales item and has print upon its paper lamination, the fact that the closure has been transferred by a dishonest consumer from the first item to another will be made evident by the tear or crease.
Figs 7A and 8A show bent closures with and without grooves, respectively. Figs 7C and 8C show the same closures, respectively, after being flattened out, along their longitudinal axes, paper tear 22 being visible.
Advantages
From the description above, a number of advantages of my paper-laminated closures become evident:
(a) A few rolls of colored paper will contain thousands of square yards of a variety of colors, will obviate the need for liquid pigments or a pigment-compounding plant, and will permit the manufacturer to produce colored closures with transparent, off-color, or leftover plastic, all of which are cheaper than first-quality pigmented plastic.
(b) With the use of rolls of colored paper to laminate the closures, one can change colors by simply changing rolls, thus avoiding the need to purge the extruder used to produce the closures.
(c) The use of paper laminate upon an unpigmented, flexible plastic base can provide a bright color without requiring the introduction of pigment into the base and the consequent sacrifice of pliability.
(d) The presence of a paper lamination will permit the display of multicolored designs.
(e) The paper lamination will provide a superior surface for labeling or printing, either by hand or by machine.
(f) Any erasure or alteration of prices by dishonest consumers on the paper-laminated closure will leave a highly visible and permanent mark.
(g) Although closures made solely of plastic are slippery when handled with wet or greasy fingers, the paper laminate on my closures will provide a nonslip surface.
Figs 7A and 8A show bent closures with and without grooves, respectively. Figs 7C and 8C show the same closures, respectively, after being flattened out, along their longitudinal axes, paper tear 22 being visible.
Conclusion, Ramifications, and Scope
Accordingly, the reader will see that the paper-laminated closure of this invention can be used to seal a plastic bag easily and conveniently, can be removed just as easily and without damage to the bag, and can be used to reseal the bag without requiring a new closure. In addition, when a closure has been used to seal a bag and is later bent and removed from the bag so as not to damage the latter, the paper lamination will tear or crease and thus give visible evidence of tampering, without impairing the ability of the closure to reseal the original bag or any other bag. Furthermore, the paper lamination has the additional advantages in that:
• it permits the production of closures in a variety of colors without requiring the manufacturer to use a separate facility for the compounding of the powdered or liquid pigments needed in the production of colored closures;
• it permits an immediate change in the color of the closure being produced without the need for purging the extruder of old resin;
• it allows the closure to be brightly colored without the need to pigment the base itself and consequently sacrifice the flexibility of the closure;
• it allows the closure to be multicolored since the paper lamination offers a perfect surface upon which can be printed multicolored designs;
• it provides a closure with a superior surface upon which one can label or print;
• it provides a closure whose labeling cannot be altered or erased without resulting in telltale damage to the paper lamination; and
• it provides a closure which will not be slippery when handled with wet or greasy fingers, the paper itself providing a nonslip surface.
Although the description above contains many specificities, these should not be construed as limiting the scope of the invention but as merely providing illustrations of some of the presently preferred embodiments of this invention. For example, the closure can have other shapes, such as circular, oval, trapezoidal, triangular, etc.; the lead-in notch can have other shapes; the groove can be replaced by a hinge which connects two otherwise unconnected halves; etc.
Thus the scope of the invention should be determined by the appended claims and their legal equivalents, rather than by the examples given.
CLAIMS: I claim:
1.In a bag closure of the type comprising a flat body of material having a lead-in notch on one edge thereof and a gripping aperture adjacent to and communicating with said notch, the improvement wherein said closure has a layer of paper laminated on one of its sides.
2.The closure of claim 1 wherein said body of material is composed of polyethyleneterephthalate.
3.The closure of claim 1 wherein said body is elongated and has a longitudinal groove which is on said one side of said body and extends the full length of said one side, from said gripping aperture to the opposite edge.
4.The closure of claim 3 wherein said groove is formed into and along the full length of said lamination.
5.The closure of claim 1 wherein said body is elongated and has a longitudinal groove which is on the side of said body opposite to said one side thereof and extends the full length of said one side, from said gripping aperture to the opposite edge.
6.The closure of claim 1 wherein said body is elongated and has two longitudinal grooves which are on opposite sides of said body and extend the full lengths of said sides, from said gripping aperture to the opposite edge.
7.The closure of claim 6 wherein the groove on said one side of said body is formed into and along the full length of said lamination.
8.The closure of claim 1 wherein said body has a paper lamination on both of said sides.
9.The closure of claim 8 wherein a groove is on one side of said body and extends the full length of said one side, from said gripping aperture to the opposite edge.
10.The closure of claim 8 wherein two grooves, on opposite sides of said body, extend the full lengths of said sides, from said gripping aperture to the opposite edge.
11.The closure of claim 10 wherein said grooves are rolled into and along the full lengths of said laminations, respectively.
12.The closure of claim 1 wherein said paper lamination is colored.
13.The closure of claim 1 wherein said body is elongated and has a longitudinal through-hole.
14.A bag closure of the type comprising a flat body of material having a lead-in notch on one edge thereof, a gripping aperture adjacent to and communicating with said notch, characterized in that one of its sides has a layer of paper laminated thereon.
15.The closure of claim 14 wherein said body of material is composed of polyethyleneterephthalate.
16.The closure of claim 14 wherein said body is elongated and has a longitudinal groove on said one side of said body and which extends the full length of said one side, from said gripping aperture to the opposite edge.
17.The closure of claim 14 wherein said body is elongated and has a longitudinal groove which is on the side of said body opposite to said one side thereof and extends the full length of said one side, from said gripping aperture to the opposite edge.
18.The closure of claim 14 wherein said body is elongated and has two longitudinal grooves which are on opposite sides of said body and extend the full lengths of said sides, from said gripping aperture to the opposite edge.
19.The closure of claim 14 wherein said body has a paper lamination on both of said sides.
20.The closure of claim 19 wherein a groove is on one side of said body and extends the full length of said one side, from said gripping aperture to the opposite edge.
21.The closure of claim 19 wherein two grooves, on opposite sides of said body, extend the full lengths of said sides, from said gripping aperture to the opposite edge.
22.The closure of claim 14 wherein said paper lamination is colored.
23.The closure of claim 14 wherein said body is elongated and has a longitudinal through-hole.
24.A method of closing a plastic bag, comprising:
(a)providing a bag closure of the type comprising a flat body of material having a lead-in notch on one edge thereof, a gripping aperture adjacent to and communicating with said notch, and a layer of paper laminated on one of its sides,
(b)providing a plastic bag and inserting contents into said plastic bag,
(c)twisting said plastic bag so that it forms a neck portion to hold said contents from falling out of said plastic bag,
(d)inserting said bag closure onto said neck portion of said plastic bag so that said neck portion of said plastic bag passes said lead-in notch and into said gripping aperture,
whereby said bag closure can be easily marked to identify and/or price said contents in said plastic bag.
25.The method of claim 24 wherein said flat body of material is composed of polyethyleneterephthalate.
26.The method of claim 24 wherein said layer of paper is colored.
Abstract: A thin, flat closure for plastic bags and of the type having at one edge a V-shaped notch (12) which communicates at its base with a gripping aperture (14). The base (10) of the closure is made of a flexible material so that it can be repeatedly bent, without fracturing, along an axis aligned with said notch and aperture. In addition, a layer of paper (20) is laminated on one or both sides of the closure. The axis of the base may contain one or two grooves (18) or a through-hole (26), either of which acts as a hinge to facilitate bending.
Preparing and filing a design patent is fairly simple—especially when compared to preparing and filing a utility patent. If you’re a self-starter with a do-it-yourself mindset, you can, with a bit of work, prepare your own design patent application and save anywhere from $500 to $1,000. Below, we present basic instructions for preparing a design patent application. If you would like more information, read Patent It Yourself (Nolo), or read and download the design patent information provided at the USPTO website, at www.uspto.gov. Even if you prepare the rest of the application yourself, however, you might need to hire a patent draftsperson to create professional drawings.
If you’re not the do-it-yourself type, you can always hire an attorney or patent agent to review and analyze your design and advise you on whether pursuing a design patent is worthwhile. The attorney or agent can prepare the application. If there is a problem at the USPTO—for example, an examiner challenges your application—the attorney or agent can respond and keep the application on track.
If you don’t want to do it all yourself, you’ll have to pay between $750 and $1,500 for:
• an attorney to draft the application
• a patent draftsperson to create the drawings, and
• the filing fee ($50, plus $40 for search fee, $150 for examination fee, and $175 for an issue fee for a micro entity).
Unless you pay for expedited processing of your application, you will have to wait one to two years for your design patent, and you cannot use it to stop others from copying your design until the patent has been granted. (The USPTO has indicated that it will place design patents on a faster track than utility patents, which can take two to three years.) Design patents automatically expire 15 years after they’re issued (except for those filed before May 13, 2015, that last 14 years from issuance), and you cannot renew them.
As the inventor, only you have the right to apply for the patent. (The USPTO often refers to the designer as the inventor and to the design as the invention.) Even if you signed away your rights to someone else or you were employed to create the design, you must still be listed as the inventor and sign the application. However, the issued patent application will indicate that your rights have been assigned. If someone else contributes to a new, nonobvious element of your design, that person is a coinventor, and the two of you should reach an agreement as to ownership of the patent.
If you’re employed to create designs, your employer might own rights in any resulting design patents. Who owns the design depends on the contents of your employment agreement, your employer’s policies, whether you used your employer’s time and resources to create the design, and state laws regarding employee ownership rights.
The design patent application consists of:
• the “specification”—a short written document describing your design. The specification is quite simple to prepare. We’ve provided a sample one for a table design, created by a furniture designer. The elements of the specification are fairly straightforward. Here’s a quick breakdown:
Preamble—one or two boilerplate sentences announcing that you’re seeking a design patent.
Specification—the place to introduce your design by name. A basic title such as “glass bowl,” “puppet,” or “steel table” will work best.
Cross References to Related Applications—here, you indicate whether you have filed a previous design patent application to which this one is related.
Statement Regarding Federally Sponsored R & D—indicate here whether the design was prepared under a government grant or as part of government research.
Description of the Figure(s) of the Drawings—describe the view presented in each of the drawing sheets.
Feature Description—provide a short description of your design; for example, “My candle is characterized by a pinwheel effect that gradually slopes outward.”
• drawing(s) showing the appearance of your design. Design patent drawings are technical and stylized. Each element—for example, stippling (use of dots), linear shading (use of lines), and distinctive patterns (for indicating colors)—has a special meaning. You are allowed to provide informal drawings, such as rough sketches or photographs, with your design patent application, but no one will examine your application until you provide formal drawings similar to those shown in this chapter. To avoid delay, we recommend that you provide formal drawings in the first place. (The only time you should furnish informal drawings is when you are in a hurry to obtain an early filing date but haven’t had a chance to draft the drawings.) With a little drawing skill or computer graphics knowledge, you can prepare formal drawings for your design patent application. In their book How to Make Patent Drawings (Nolo), Jack Lo and David Pressman explain how to prepare these drawings using computer software or pen and ink. One chapter is devoted solely to design patent drawing rules. If you prefer to have a professional draft your drawings, you can accomplish this relatively inexpensively (about $80 per drawing sheet; each sheet may contain one or two figures). Designs are commonly depicted in different views—for example, top views, side views, or disassembled views. You should present as many views as are necessary to demonstrate your design. Each view provides another way of “seeing” the design. Each view is given a discrete figure number (abbreviated as “Fig” in patent law). Keep in mind that the design patent protects only what is disclosed in the drawings. If you later change the design substantially, you can’t protect it unless you apply for a new design patent.
• the Design Patent Application Transmittal—a cover sheet that accompanies your application. You must submit a cover sheet with your design patent application. The USPTO has prepared one that we recommend you use. To obtain it, go to the USPTO home page at www.uspto.gov and click “Patents” on the left side of the screen. Under “Apply for a Patent,” click “Forms,” then follow the instructions to download Form SB0018.
• the Declaration—an oath provided by the designer. The declaration, Form SB/01, is a two-page form that you can download from the USPTO website. Check the box “Declaration Submitted With Initial Filing” and provide the title of your design. On page 2, list the designers and their addresses. Sign the declaration where it is marked “Inventor’s Signature.”
• the Fee Application Transmittal Form. The Fee Transmittal, Form SB/17, is a one-page form that you can download from the USPTO website. Indicate your method of payment.
• a fee (check current fees).
Design Patent Application—Preamble, Specification, and Claim
Mail Stop Designs—United States Patent and Trademark Office
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
PREAMBLE:
The petitioner whose signature appears on the declaration attached respectfully requests that Letters Patent be granted to such petitioner for the new and original design set forth in the specification.
SPECIFICATION:
Petitioner has invented a new, original, and ornamental design for a table entitled “I Cannot Tell a Lie Table,” of which the following is a specification. Reference is made to the accompanying drawings which form a part hereof, the figures of which are described below.
CROSS-REFERENCE TO RELATED APPLICATIONS: None
STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH: None
DRAWING FIGURES:
Fig 1 is a perspective view of my new table design
Fig 2 is a right side view of my new table design
Fig 3 is a top view of my new table design
Fig 4 is a left end view of my new table design
FEATURE DESCRIPTION: My table design is characterized by wooden hatchets, hanging wooden cherries, and the written expression “I cannot tell a lie.”
CLAIM: I (We) Claim:
The ornamental design for a table as shown and described.
Express Mail Label # EU121293846US
Date of Deposit: 2020 ____________________________________
