How does the USPTO examine design patent applications for computer-generated icons?
The USPTO follows specific procedures when examining design patent applications for computer-generated icons to ensure compliance with the “article of manufacture” requirement of 35 U.S.C. 171. The MPEP outlines these procedures: Review the entire disclosure to determine what the applicant claims as the design and whether it’s embodied in an article of manufacture. Examine the…
Read MoreHow does the USPTO define “offensive” in the context of design patents?
The USPTO’s definition of “offensive” in the context of design patents is broad and focuses on protecting various groups from discriminatory or disrespectful representations. According to MPEP 1504.01(e): “Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or…
Read MoreWhat advice does the USPTO give to pro se design patent applicants?
The USPTO provides specific advice to pro se design patent applicants to help them navigate the patent process. According to MPEP 1504: “With respect to pro se design applications, the examiner should notify applicant in the first Office action that it may be desirable for applicant to employ the services of a registered patent attorney…
Read MoreWhat types of patent applications receive USPC classifications?
According to the MPEP, only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the United States Patent Classification (USPC) system. The MPEP states: “Only U.S. design and plant patents and U.S. plant patent application publications continue to receive classifications within the USPC.” It’s important to note that…
Read MoreWhich types of patents still use the USPC classification system?
According to MPEP 903, the United States Patent Classification (USPC) system is still used for specific types of patents: “Only design and plant applications/patents and plant application publications receive classification designations under USPC.” This means that while utility patents have transitioned to the CPC system, design patents and plant patents continue to be classified using…
Read MoreWhat are the requirements for a design to be considered “useful” under 35 U.S.C. 101?
For a design to be considered “useful” under 35 U.S.C. 101, it must meet specific criteria: The design must be embodied in or applied to an article of manufacture. The article itself must have practical utility. As stated in MPEP 1504.01: “To be patentable, a design must be ‘for an article of manufacture’ (35 U.S.C.…
Read MoreWhat are the different series of U.S. patents?
The different series of U.S. patents include: X-Series: Approximately 10,000 patents issued between 1790 and July 4, 1836. 1836 Series: Mechanical, electrical, and chemical patents issued since 1836, often called “utility” patents. Reissue Series: Reissue patents, numbered with “Re.” prefix. A.I. Series: Patents for Additional Improvements issued from 1838 to 1861. Plant Patent Series: Patents…
Read MoreWhat classification system is used for U.S. utility patents published after December 31, 2014?
According to the MPEP 902.03, U.S. utility patents and U.S. utility patent application publications published after December 31, 2014, do not receive a designated U.S. patent classification. The manual states: “U.S. utility patents and U.S. utility patent application publications published after December 31, 2014, do not receive a designated U.S. patent classification.” This change reflects…
Read MoreWhat is the U.S. Patent Classification System (USPC)?
The U.S. Patent Classification System (USPC) is a system used for organizing and categorizing patents and patent applications. According to MPEP 902.01, “The U.S. Patent Classification System is a static system and is no longer updated for the utility classes. The USPC remains active for the plant and design classes.” The system consists of classes…
Read MoreWhen did the U.S. start including Locarno Classification designations in design patents?
According to the MPEP, U.S. design patents prepared for issue after June 30, 1996 and international design applications include a Locarno International Classification designation as part of the bibliographic data. This change was implemented to improve the accessibility of U.S. design patents in international databases and search files. To learn more: Locarno Classification Design Patents…
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