How does the transitional provision affect design patent applications filed before May 13, 2015?

For design patent applications filed before May 13, 2015, the transitional provision affects the term of the patent as follows:

• If the application was filed before May 13, 2015, and issues as a patent after May 13, 2015, it will have a 15-year term from the date of patent grant.
• If the application was both filed and issued before May 13, 2015, it will retain its 14-year term from the date of patent grant.

This is based on the provision in the Patent Law Treaties Implementation Act of 2012. As stated in MPEP 1504.20: “The Patent Law Treaties Implementation Act of 2012 provides that the right of priority in, and the term of, a design patent issuing from an application filed on or after May 13, 2015 is 15 years from the date of patent grant.”

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• transitional provision
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