Expediting Design Patents with Rocket Docket: A Case Study

The United States Patent and Trademark Office (USPTO) typically takes 16 to 24 months to grant a design patent. However, inventors can accelerate the process through the USPTO’s Rocket Docket program, significantly reducing the wait time for a first Office Action to approximately 1.6 months. This article explores a case study where Sagacious IP’s comprehensive prior-art search helped a client expedite the patent examination process and get the grant through Rocket Docket. It also delves into Rocket Docket’s costs, requirements, and other details.

What is a Rocket Docket?

While the approval process for a design patent application can take almost two years, not all businesses can wait that long. Thus, the USPTO offers prioritized examinations for applicants who require grants faster. This prioritized examination service is known as Rocket Docket. It allows applicants to request an expedited review of their design patent application, potentially reducing the time to grant to around six months, depending on the specifics of the case.

If the expedited review request is approved, the applicant’s patent application is prioritized over other design patent applications. It is recommended that the applicant file the design patent application and request an expedited examination together to expedite the process. Filing them separately may cause some delays.

How Much Does Rocket Docket Cost?

The USPTO charges $320 (subject to change) for micro-entities, $640 (subject to change) for small entities, and $1600 (subject to change) for large entities to request expedited examination of a design patent application through Rocket Docket. The expedited examination fee is charged in addition to the standard filing fee.

The processing fee must accompany the request for an expedited examination. If an applicant does not pay the expedited examination fee, the patent office sends a notice of deficiency. If the applicant fails to respond, the patent office processes the design patent application normally rather than expeditiously.

Requirements for Rocket Docketing

There are several requirements for seeking Rocket Docket expedited examination of a design patent application. These include:

• Expedited examination request to the USPTO
• Necessary filing fee for a design patent application
• Additional fee for the expedited examination
• An error-free design patent application
• Black and white sketches of the design
• A pre-examination search (Prior art Search)
• A declaration that a pre-examination Prior-Art Search was carried out
• Statement regarding the field of the search
• An information disclosure statement must also be included

How Fast Can You Obtain a Design Patent Using Rocket Docket?

With Rocket Docket, the time to secure a design patent is significantly shortened. While the traditional process usually takes 16 to 24 months, Rocket Docket reduces the wait for a first office action from an average of 15.7 months to just 1.6 months, saving you about 14 months. This quicker timeline lets you bring your product to market faster and gain an edge over competitors.

Case Study: Helping a Client Expedite Their Design Patent Application

Sagacious IP recently received a request for a design patent search for a clothing item. The search was related to the pre-examination search required for expedited examination to get a design patent in the US. The client came to Sagacious IP to determine the best strategy for his design application.

Our Solution

With a tight deadline, we focused on delivering fast results without compromising quality. We streamlined the search process to save time while still providing thorough and accurate findings. Here’s how we made it happen:

• Keywords-based Search: We concentrated on delivering the most relevant results quickly using targeted keyword searches, cutting down unnecessary steps, and focusing on what mattered most.
• Classification-based Searching: By using Locarno and national design classifications from countries like the USA, Canada, Japan, China, and the European Union, we tailored our approach to meet the specific needs of the case, ensuring a comprehensive search within the given time frame.
• Cross-Platform Expertise: We also conducted prior-art searches on several popular subscription-based platforms, along with an exhaustive non-patent literature (NPL) search across relevant NPL databases.

By combining speed with precision, we delivered valuable results—detailed, accurate, and on time to meet the client’s pressing challenges.

After completing the prior art search, we shared our findings with the applicant through:

• Pre-Examination Search Document – The document provides support for the petition for accelerated examination, and the format of the document is acceptable by the USPTO.
• Accelerated Examination Support Document – This is a supporting document that includes all the identified similar/nearly identical and related documents.

At times, the USPTO may request the applicant to perform further searches, which could incur additional costs. Sagacious IP will include small corrections within the design patent search budget if they suggest them.

Conclusion

A thorough design patent search is crucial to determine the uniqueness of your invention. It not only helps identify prior art but also enables inventors to design around existing patents in case similar designs are found during the search. With the right approach and expedited services like Rocket Docket, you can fast-track your design patent application, saving valuable time and gaining a competitive edge in the market.

At Sagacious IP, we specialize in conducting comprehensive prior-art searches tailored to your specific needs. Our team of IP experts brings years of experience to guide you through the complexities of design patent search and help you leverage the Rocket Docket program for quicker approvals.

Ready to expedite your design patent application? Contact us and let us support your innovation journey.

– Prabha Shankar, Rohit Joshi (Engineering Searching) and the Editorial Team

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