What are the requirements for written description in design patents?
The written description requirement for design patents is outlined in MPEP 1504.04. Unlike utility patents, design patents primarily rely on drawings to fulfill this requirement. The MPEP states: “While the drawing in a design application is the primary means of satisfying the written description requirement, a detailed verbal description of the claimed design may also…
Read MoreWhat is the difference between a design patent and a utility patent?
What is the difference between a design patent and a utility patent? Design patents and utility patents protect different aspects of inventions: Design Patents: Protect the ornamental appearance of an article of manufacture. Utility Patents: Protect the functional aspects of an invention. According to MPEP 1504.01: “A design for an article of manufacture may be…
Read MoreHow does a design patent differ from a utility patent?
Design patents and utility patents protect different aspects of an invention: Design Patent: Protects the ornamental design or appearance of an article of manufacture. Utility Patent: Protects the functional aspects, structure, or process of an invention. According to MPEP 1502, a design patent covers “the visual characteristics embodied in or applied to an article.” This…
Read MoreHow 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…
Read MoreCan I obtain both a design patent and a trademark for the same subject matter?
Yes, it is possible to obtain both a design patent and a trademark for the same subject matter. The MPEP cites an important court decision on this matter: “The CCPA, in In re Mogen David Wine Corp., 328 F.2d 925, 140 USPQ 575 (CCPA 1964), later reaffirmed by the same court at 372 F.2d 539,…
Read MoreCan I get a design patent for a toy that looks like a famous building?
Generally, obtaining a design patent for a toy that closely resembles a famous building would be challenging due to the “simulation” doctrine in design patent law. The MPEP 1504.01(d) cites a relevant case: “The arbitrary chance selection of a form of a now well known and celebrated building, to be applied to toys, inkstands, paper…
Read MoreWhat are the requirements for a design patent title?
The requirements for a design patent title are specified in MPEP 1503.01: “The title of the design must designate the particular article.” This means: The title should be descriptive of the article in which the design is embodied or applied. It should be as short and specific as possible. Words such as “design for” or…
Read MoreWhat is the term of a design patent?
The term of a design patent depends on when the application was filed: For design applications filed on or after May 13, 2015, the term is 15 years from the date of grant. For design applications filed before May 13, 2015, the term is 14 years from the date of grant. This change was implemented…
Read MoreWhen did the design patent term change from 14 to 15 years?
The change in design patent term from 14 to 15 years took effect on May 13, 2015. This change was implemented by the Patent Law Treaties Implementation Act of 2012 (PLTIA), which was signed into law on December 18, 2012. The MPEP states: “On December 18, 2012, the Patent Law Treaties Implementation Act of 2012…
Read MoreCan a design patent protect a pattern or surface ornamentation alone?
No, a design patent cannot protect a pattern or surface ornamentation alone. According to MPEP 1502, “Design is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation.“ This means that any surface ornamentation or pattern must be applied to a specific article of manufacture…
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