What is the significance of the “right of priority” for design patents?
The “right of priority” is a critical concept in design patent applications, especially for international protection. MPEP 1504.10 states: “The right of priority is recognized for applications for design patents filed in the United States on and after December 18, 2013.” This right allows applicants to claim the benefit of an earlier filing date from…
Read MoreHow does restriction work in design patent applications?
Restriction in design patent applications is required when an application contains more than one patentably distinct design. The MPEP states: “Restriction will be required under 35 U.S.C. 121 if a design patent application claims multiple designs that are patentably distinct from each other.” Unlike utility patent applications, the issue of search burden is not considered…
Read MoreHow can an applicant respond to a restriction requirement in a design patent application?
When responding to a restriction requirement in a design patent application, an applicant has several options: Elect one group of designs for prosecution without traverse. Elect one group of designs for prosecution with traverse, providing arguments against the restriction. Petition to review the requirement. If electing with traverse, the MPEP advises: “If a response to…
Read MoreWhat are the requirements for claiming benefit under 35 U.S.C. 120 in a design patent application?
To claim benefit under 35 U.S.C. 120 in a design patent application, the following requirements must be met: The later-filed application must contain a reference to the prior-filed copending application. For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (37 CFR 1.76). For applications filed…
Read MoreHow can I request expedited examination for a design patent application?
To request expedited examination for a design patent application, you need to follow the procedure outlined in 37 CFR 1.155 and MPEP § 1504.30. The request will be decided by the Director of Technology Center 2900, as stated in MPEP § 1002.02(c)(3): “Requests for expedited examination of design applications under 37 CFR 1.155, MPEP §…
Read MoreHow are copies of references supplied in design patent applications?
For information on how copies of references are supplied to applicants in design patent applications, MPEP 1513 directs us to another section: “With respect to copies of references being supplied to applicant in a design patent application, see MPEP § 707.05(a).” This cross-reference suggests that the procedure for providing reference copies in design patent applications…
Read MoreAre reexamination procedures different for design patents compared to utility patents?
While MPEP 1510 doesn’t explicitly state whether reexamination procedures differ for design patents, it does direct readers to a common source for all reexamination procedures: “See MPEP Chapter 2200 for practice and procedure for reexamination applications.” This suggests that the core reexamination procedures are likely similar for both design and utility patents. However, there may…
Read MoreWhere can I find detailed information about reexamination procedures for design patents?
For detailed information about reexamination procedures, including those applicable to design patents, you should refer to MPEP Chapter 2200. MPEP 1510 specifically directs readers: “See MPEP Chapter 2200 for practice and procedure for reexamination applications.” This means that while reexamination is relevant to design patents, the comprehensive guidelines and procedures are consolidated in Chapter 2200,…
Read MoreHow can an applicant rebut a prima facie case of obviousness for a design patent?
The MPEP outlines several ways an applicant can rebut a prima facie case of obviousness for a design patent: “Once a prima facie case of obviousness has been established, the burden shifts to the applicant to rebut it, if possible, with objective evidence of nonobviousness.” The MPEP provides examples of such evidence: Commercial success Expert…
Read MoreCan protests be filed for design patent applications?
Yes, protests can be filed for design patent applications. While MPEP 1511 is part of the chapter on design patents, it refers to the general protest procedures outlined in MPEP Chapter 1900, which apply to both utility and design patents. The protest process allows third parties to submit relevant prior art or other information that…
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