Design patent is granted if the applied design has:
- Ornamentality
- Novelty
- Nonobviousness
- Enablement and definiteness
If the examiner determines that the claim of the design patent application does not satisfy the statutory requirements, the examiner will raise objections or rejections in an Official action. This is called the Non Final Office Action and it requires applicant to satisfy certain objections and points raised by the examiner.
The examiner can withdraw the objections raised by him if a reply to an Office action overcomes a rejection either by way of an amendment to the claim or by providing convincing arguments that the rejection should be withdrawn.
Intellectual Property Logium will draft and file response to the design patent non final office action.
