What is the best mode requirement for design patents?

The best mode requirement, which is crucial for utility patents, does not apply to design patents. This is clarified in MPEP 1504.04, which states: “The best mode requirement of the first paragraph of 35 U.S.C. 112 is not applicable to design cases.” This means that: Design patent applicants are not required to disclose the best…

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What are the eligibility requirements for the Accelerated Examination program?

To be eligible for the Accelerated Examination program, an application must meet the following criteria: Be a non-reissue utility or design application filed under 35 U.S.C. 111(a) on or after August 25, 2006 Not be a plant application, reissue application, national stage application, reexamination proceeding, or RCE (unless previously granted special status) Not be based…

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What are the rules for submitting color drawings in a patent application?

What are the rules for submitting color drawings in a patent application? Submitting color drawings in a patent application requires special considerations and procedures. According to MPEP 608.02: “Color drawings are not ordinarily permitted in utility patent applications. The Office will accept color drawings in utility patent applications only after granting a petition filed under…

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Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications?

Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications? No, a Continued Prosecution Application (CPA) cannot be filed for utility or plant patent applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPAs are only available for design applications.’ This means that CPAs are exclusively for design patent applications. For…

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How are delayed priority claims handled in design applications?

The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information: “Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally…

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