What are the challenges in establishing commercial success for design patents?
Establishing commercial success for design patents presents unique challenges. The Manual of Patent Examining Procedure (MPEP) 716.03(b) specifically addresses this issue: “Establishing a nexus between commercial success and the claimed invention is especially difficult in design cases. Evidence of commercial success must be clearly attributable to the design to be of probative value, and not…
Read MoreAre drawings required for a patent application to receive a filing date under the new rules?
For applications filed on or after December 18, 2013, drawings are not required to receive a filing date, except for design patent applications. However, it’s important to note that drawings may still be necessary for understanding the invention. The MPEP clarifies: Also, for applications filed on or after December 18, 2013, an application (other than…
Read MoreCan I request accelerated examination for design patent applications?
Yes, accelerated examination is available for design patent applications. The MPEP 708.02(a) states: ‘Design applications may be included in the accelerated examination program.’ However, there are specific requirements for design applications: The application must be complete and meet all requirements for design patents. A petition to make special under the accelerated examination program must be…
Read MoreHow are black and white line drawings stored in patent applications?
Black and white line drawings are handled differently depending on the type of application: For provisional applications, nonprovisional utility patent applications, international applications (PCT), national stage applications, and reexamination proceedings for utility patents, they are converted into TIFF images and stored in IFW (Image File Wrapper). For design applications, including reissue design patent applications, international…
Read MoreWhat is a Continued Prosecution Application (CPA)?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed under 37 CFR 1.53(d) for design applications. As stated in the MPEP, A continuation or divisional application filed under 37 CFR 1.53(d) is called a ‘Continued Prosecution Application’ (CPA). CPAs allow applicants to continue prosecution of a prior…
Read MoreHow can an applicant claim benefit of an international design application?
To claim benefit of an international design application designating the United States, the following requirements must be met: The claim must be made in a nonprovisional application, international application, or international design application filed on or after May 13, 2015 The international design application must be entitled to a filing date in accordance with 37…
Read MoreCan I use color drawings in my patent application?
Can I use color drawings in my patent application? Yes, you can use color drawings in your patent application, but they require special approval. According to MPEP 608.02: ‘Color drawings are permitted in design applications. Where a design application contains color drawings, the application must include the number of sets of color drawings required by…
Read MoreWhat types of patent applications can use a CPA?
Continued Prosecution Applications (CPAs) are limited to specific types of patent applications: Design Applications: CPAs are available for design applications filed before May 29, 2000. Plant Applications: CPAs can be used for plant patent applications. It’s important to note that CPAs are not available for utility patent applications filed on or after May 29, 2000.…
Read MoreWhat are the benefits of filing a CPA for a design patent application?
Filing a CPA for a design patent application offers several benefits: Minimal filing requirements compared to a regular continuation application No new filing receipt is normally issued Faster processing time, as it uses the same application number and file wrapper For examination priority, CPAs are treated as “amended” applications rather than “new” applications, potentially resulting…
Read MoreWhat are the filing requirements for a CPA in a design patent application?
To file a CPA for a design patent application, the following requirements must be met: The prior application must be a design application that is complete under 37 CFR 1.51(b) The CPA must be filed before the earliest of: payment of the issue fee, abandonment, or termination of proceedings in the prior application The CPA…
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