What is the difference between a utility patent and a design patent application?
What is the difference between a utility patent and a design patent application? Utility patents and design patents protect different aspects of an invention, and their applications are processed differently. According to MPEP 201.02: ‘A utility application is a nonprovisional application that is not a design application. A design application is an application for a…
Read MoreCan a design patent application be filed as a continuation or continuation-in-part?
Yes, design patent applications can be filed as continuations or continuations-in-part (CIPs), but with some specific considerations: 1. Continuations: A design application can be a continuation of a prior design application. 2. Continuations-in-part: A design application can be a CIP of a prior design application if it adds new matter. 3. Relationship to Utility Applications:…
Read MoreWhat are the filing date requirements for a CPA under 37 CFR 1.53(d)?
To receive a filing date for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d), the following requirements must be met: The application must be for a design patent; The prior application must be a design application that is complete as defined by 37 CFR 1.51(b); The application must be submitted before the payment of…
Read MoreWhat is the deadline for filing a foreign priority claim in a U.S. patent application?
The deadline for filing a foreign priority claim in a U.S. patent application depends on the type of application: For applications filed under 35 U.S.C. 111(a), the claim must be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior…
Read MoreWhat is a design patent application and how does it differ from a utility patent application?
Design patent applications and utility patent applications are two distinct types of patent applications that protect different aspects of inventions. According to MPEP 201: Design Patent Application: “An application for a design patent filed under 35 U.S.C. 171 may be referred to as a design application.” Design patents protect the ornamental appearance of an article…
Read MoreWhat are the requirements for submitting photographs as drawings in a patent application?
What are the requirements for submitting photographs as drawings in a patent application? Photographs are generally not permitted as drawings in patent applications unless they are the only practicable medium for illustrating the claimed invention. According to MPEP 608.02, “The Office will accept photographs in utility and design patent applications, however, if photographs are the…
Read MoreHow does the right of priority work for international design applications?
The right of priority for international design applications is governed by 35 U.S.C. 386. There are two main scenarios: A U.S. national application can claim priority from a prior international design application that designated at least one country other than the United States. An international design application designating the United States can claim priority from…
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