Are type fonts eligible for design patent protection?
Yes, type fonts are eligible for design patent protection. The MPEP addresses this specifically: “Traditionally, type fonts have been generated by solid blocks from which each letter or symbol was produced. Consequently, the USPTO has historically granted design patents drawn to type fonts.” Moreover, the MPEP clarifies that modern methods of typesetting, including computer generation,…
Read MoreWhat is Technology Center 2900 at the USPTO?
Technology Center 2900 at the United States Patent and Trademark Office (USPTO) is specifically focused on design patents. It plays a crucial role in examining and processing design patent applications. As mentioned in MPEP § 1002.02(c)(3), the Director of Technology Center 2900 has specific authorities related to design patents: “Authority to decide the following requests…
Read MoreWhat authority does the Director of Technology Center 2900 have in design patent applications?
The Director of Technology Center 2900 has specific authority delegated for design patent applications, in addition to the general authorities given to all Technology Center Directors. Specifically, the Director of TC 2900 can decide on: Requests for expedited examination of design applications under 37 CFR 1.155, as outlined in MPEP § 1504.30. As stated in…
Read MoreHow does the MPEP define “substantially the same” in the context of design patent anticipation?
The MPEP provides guidance on what constitutes “substantially the same” in the context of design patent anticipation. According to MPEP 1504.02: The mandated overall comparison is a comparison taking into account significant differences between the two designs, not minor or trivial differences that necessarily exist between any two designs that are not exact copies of…
Read MoreHow is a Locarno Classification designation structured?
A Locarno Classification designation has a specific structure as outlined in the MPEP: A Locarno International Classification designation consists of two pairs of numbers separated by a hyphen. The first pair of numbers designates a design class; the second pair of numbers indicates a particular subclass within the design class. For example, a Locarno designation…
Read MoreWhat qualifies as statutory subject matter for design patents?
According to MPEP 1504.01, statutory subject matter for design patents includes: A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia) A design for the shape or configuration of an article of manufacture A combination of the first two categories The key requirement is that…
Read MoreWhat is the Statutory Invention Registration (SIR) Program?
The Statutory Invention Registration (SIR) Program was a system that replaced the former Defensive Publication Program, effective May 8, 1985. It was established under 35 U.S.C. 157 and governed by 37 CFR 1.293 – 1.297. As stated in MPEP 1513: “The Statutory Invention Registration (SIR) Program applies to utility, plant, and design applications.” This program…
Read MoreWhat is the significance of MPEP 1511 in relation to protests?
MPEP 1511 serves as a crucial reference point for protests in the context of design patents. It states: “See MPEP Chapter 1900 for practice and procedure in protest.” This directive is significant because it: Confirms that protest procedures apply to design patents Directs readers to the comprehensive information in MPEP Chapter 1900 Ensures consistency in…
Read MoreHow are secondary considerations evaluated in design patent applications?
Secondary considerations, also known as objective evidence of nonobviousness, play an important role in evaluating design patent applications. The MPEP states: “Secondary considerations, such as commercial success and copying of the design by others, are relevant to the evaluation of obviousness of a design claim. Evidence of nonobviousness may be present at the time a…
Read MoreHow are secondary considerations applied in design patent nonobviousness analysis?
How are secondary considerations applied in design patent nonobviousness analysis? Secondary considerations, also known as objective indicia of nonobviousness, play an important role in the analysis of design patent nonobviousness. According to MPEP 1504.03: “Secondary considerations, such as commercial success, long-felt but unsolved needs, failure of others, and unexpected results, may be utilized to rebut…
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