How does an examiner determine novelty and nonobviousness in design patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An examiner determines novelty and nonobviousness in design patent applications…
Read MoreHow is novelty defined for international preliminary examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Novelty for international preliminary examination is defined in MPEP 1878.01(a)(1),…
Read MoreHow is novelty determined in international patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Novelty for international patent applications is defined in MPEP 1878.01(a)(1)…
Read MoreHow is novelty defined in the context of international patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Novelty in the context of international patent applications is defined in PCT Article 33(2).…
Read MoreWhen might the ISA not establish an opinion on novelty, inventive step, and industrial applicability?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The International Searching Authority (ISA) may decide not to establish an opinion on novelty,…
Read MoreHow does the MPEP address the issue of hidden features in design patent anticipation?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP addresses hidden features in design patent anticipation similarly…
Read MoreCan functional features be considered in a design patent anticipation rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Functional features generally cannot be relied upon to support patentability in design patent anticipation…
Read MoreHow does foreign registration affect design patent anticipation in the US?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Foreign registration can significantly impact design patent anticipation in the US. The MPEP states:…
Read MoreWhat are the requirements for obtaining a design patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The requirements for obtaining a design patent are outlined in…
Read MoreWhat are the requirements for design patent protection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Design patent protection requires that the design meets the following…
Read More