What are the essential elements of a design patent application?
A design patent application filed under 35 U.S.C. chapter 16 has essentially the same elements required of a utility patent application, with some specific requirements. The key elements include: A specification arranged as specified in 37 CFR 1.154 A claim in a specific form (see MPEP § 1503.01, subsection III) Drawings (see MPEP § 1503.02)…
Read MoreHow does double patenting apply to design and utility patents?
Double patenting can occur between utility and design patents in certain situations: Double patenting rejections can be made between utility-plant, utility-design, or design-utility patents/applications The same principles generally apply as in utility-utility situations Double patenting may exist even if the claims are not directed to the same invention or obvious variations As stated in MPEP…
Read MoreWhat is double patenting in design patents?
Double patenting in design patents refers to two types of rejections: Statutory double patenting: Based on 35 U.S.C. 171, which states an inventor may obtain “a patent” (singular). This prevents issuing two patents for the same design. Nonstatutory double patenting: Based on judicial doctrine to prevent unjustified extension of patent rights and multiple suits against…
Read MoreWhat are the key differences between nonobviousness for utility patents and design patents?
What are the key differences between nonobviousness for utility patents and design patents? While the general concept of nonobviousness applies to both utility and design patents, there are important differences in how it’s assessed. According to MPEP 1504.03: Key differences include: Subject matter: Utility patents focus on functional aspects, while design patents concern ornamental appearance.…
Read MoreHow are new design and plant patent applications initially processed?
New nonprovisional design and plant patent applications are initially processed by the Office of Patent Application Processing (OPAP) and then assigned to specific Technology Centers (TCs). According to MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent…
Read MoreHow are new design and plant patent applications initially assigned?
New nonprovisional design and plant patent applications are initially assigned by the Office of Patent Application Processing (OPAP) as follows: Design applications are assigned to Technology Center (TC) 2900 Plant applications are assigned to Technology Center (TC) 1600 As stated in the MPEP: New nonprovisional design and plant applications are assigned to Technology Centers (TCs)…
Read MoreHow are design and plant applications classified at allowance?
Design and plant applications are classified differently from utility applications at allowance. According to the MPEP, Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC. The primary examiner is responsible for reviewing the original classification and cross-referencing on the Issue Classification sheet. The MPEP states:…
Read MoreAre design patents included in the Patent Cooperation Treaty (PCT)?
No, design patents are not included in the Patent Cooperation Treaty (PCT). This is explicitly stated in the Manual of Patent Examining Procedure (MPEP): “It is noted that design patent applications are not included in the Patent Cooperation Treaty (PCT), and the procedures followed for PCT international applications are not to be followed for design…
Read MoreCan a design patent be granted for a naturally occurring object or person?
No, a design patent cannot be granted for a naturally occurring object or person. This is because such designs lack the originality required by 35 U.S.C. 171. According to MPEP 1504.01(d): “Clearly, a design which simulates an existing object or person is not original as required by the statute.” The MPEP further states: “[T]o take…
Read MoreCan a design patent be granted for changeable computer-generated icons?
Yes, a design patent can be granted for changeable computer-generated icons. The MPEP provides guidance on how to handle such applications: “Computer generated icons including images that change in appearance during viewing may be the subject of a design claim. Such a claim may be shown in two or more views. The images are understood…
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