How does examination work for international design applications designating the United States?

The examination process for international design applications designating the United States involves several steps: Receipt and Examination: The USPTO examines international design applications based on the published international registration received from the International Bureau. Substantive Examination: As stated in the MPEP, “Pursuant to 35 U.S.C. 389, the USPTO will examine international design applications designating the…

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How long is the term for design patents?

The term for design patents varies based on the filing date: For design patents issued from applications filed before May 13, 2015: 14 years from the date of patent grant. For design patents issued from applications filed on or after May 13, 2015: 15 years from the date of patent grant. This change is due…

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What is a design patent and what does it protect?

A design patent protects the ornamental design for an article of manufacture. According to MPEP 1502, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.” This means that a design patent covers the visual appearance of an object,…

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What is the “visual impression” test for design patents?

What is the “visual impression” test for design patents? The “visual impression” test is an important consideration in design patent examination. According to MPEP 1504.04: “In determining whether a design is primarily functional or primarily ornamental, it is necessary to consider the design as a whole, i.e., the impression of the design as it is…

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How does the USPTO determine if a nonstatutory double patenting rejection is appropriate?

The USPTO determines if a nonstatutory double patenting rejection is appropriate by comparing the overall appearance of the claimed designs. The MPEP states: In determining whether a nonstatutory double patenting rejection is appropriate, the examiner must compare the overall appearance of the claimed design in the application with the overall appearance of the claimed design…

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How does the USPTO handle design patent applications for naturalistic animal figurines?

The USPTO generally views design patent applications for naturalistic animal figurines as problematic under the simulation doctrine. According to MPEP 1504.01(d): “to take a natural form, in a natural pose, … does not constitute invention” – In re Smith, 25 USPQ 359, 360, 1935 C.D. 565, 566 (CCPA 1935) This principle suggests that a design…

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