Compare a design drawing with the accused article
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For each drawing the lawyer marks, list the feature the drawing shows and the feature of the accused article, in the words of the papers, with the page. List any earlier reference the file already names. State no infringement and name no test.
- What the lawyer must review
- You decide infringement. 35 U.S.C. § 171(a) provides that whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title. Section 171(b) provides that the provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided. Section 271(a) provides that, except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. Section 171(b) pulls § 271(a) in except as otherwise provided. This table does not supply a test the statute does not state. You decide whether the article is the claimed design. Section 102 and § 103 are not restated here. Open them before you treat a listed reference as prior art. Section 171(c) makes the filing date the date on which the specification as prescribed by § 112 and any required drawings are filed. Office drawing rules sit outside § 171(c).
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.