How can I protect designs cancelled from an international design application due to a restriction requirement?
Designs cancelled from a nonprovisional international design application as a result of a restriction requirement can be protected through the filing of divisional applications. These divisional applications can be filed in two ways: As a design application under 35 U.S.C. chapter 16, or As an international design application designating the United States According to MPEP…
Read MoreWhen does protection begin for international design applications in designated Contracting Parties?
The timing of protection for international design applications can vary among designated Contracting Parties. According to the MPEP: “Contracting Parties vary as to when protection begins within their territories, the duration of protection, and notification of protection. For some Contracting Parties, the effect of a grant of protection begins on the international registration date; for…
Read MoreHow can applicants indicate matter not sought for protection in international design applications?
In international design applications, applicants can indicate matter shown in a reproduction for which protection is not sought using two methods, as per Administrative Instruction 403: In the description referred to in Rule 7(5)(a) By means of dotted or broken lines or coloring The MPEP advises: “When using broken or dotted lines or coloring in…
Read MoreCan a design patent protect a design in the abstract?
No, a design patent cannot protect a design in the abstract. According to MPEP 1502, design patents are specifically limited to designs applied to articles of manufacture. This principle is reinforced by recent case law cited in the MPEP: “A design claim is limited to the article of manufacture identified in the claim; it does…
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