How does an election in a parent application affect a continued prosecution application (CPA) in design applications?
In design applications, an express election made in a parent application in response to a restriction requirement generally carries over to a continued prosecution application (CPA) filed under 37 CFR 1.53(d). However, this rule does not apply to international design applications. The MPEP 819 states: “In design applications, but not international design applications, where a…
Read MoreWhat is the “article of manufacture” requirement for design patents?
The “article of manufacture” requirement is a fundamental aspect of design patent protection. According to MPEP 1504.01(c), a design must be embodied in or applied to an article of manufacture: “A design patent application may be filed for any design for an article of manufacture. The article of manufacture is the tangible item to which…
Read MoreWhat are the filing date requirements for patent applications filed on or after December 18, 2013?
For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP states: Except for design…
Read MoreWhat is the procedure for correcting or adding a benefit claim in a design application?
What is the procedure for correcting or adding a benefit claim in a design application? The procedure for correcting or adding a benefit claim in a design application differs from that of utility applications. According to MPEP 211.02(a): “For design applications, an application may be amended to claim priority to or the benefit of a…
Read MoreCan a CPA be filed in a provisional application?
Can a CPA be filed in a provisional application? No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. The MPEP 201.06(d) clearly states: A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is…
Read MoreCan a design application be considered complete without drawings?
Can a design application be considered complete without drawings? No, a design application cannot be considered complete without drawings. The MPEP 601.01 states: “A design application is not entitled to a filing date under 35 U.S.C. 171 unless the application contains a drawing in compliance with 37 CFR 1.152.” This requirement is specific to design…
Read More