Are design patents eligible for patent term adjustment?
No, design patents are not eligible for patent term adjustment. According to MPEP 2751: “The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000.“ This statement explicitly mentions utility…
Read MoreWhat is the distinction between utility and design patents in the MPEP?
What is the distinction between utility and design patents in the MPEP? According to MPEP 901.04, there are two main types of patents: Utility Patents: These are issued “for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Design Patents: These are issued “for any new,…
Read MoreWhat is the difference between a design patent and a utility patent?
What is the difference between a design patent and a utility patent? Design patents and utility patents protect different aspects of inventions: Design Patents: Protect the ornamental appearance of an article of manufacture. Utility Patents: Protect the functional aspects of an invention. According to MPEP 1504.01: “A design for an article of manufacture may be…
Read MoreWhat are the main types of national applications under U.S. patent law?
There are two main types of national applications under U.S. patent law: Nonprovisional applications filed under 35 U.S.C. 111(a) Provisional applications filed under 35 U.S.C. 111(b) As stated in the MPEP, Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications…
Read MoreHow does a continuation application differ from a provisional application?
Continuation applications and provisional applications are distinct types of patent applications with different purposes and requirements. A key difference is that a continuation application is based on a prior nonprovisional application, while a provisional application is a standalone filing that can later be used as a priority document. The MPEP specifically notes: “An application claiming…
Read MoreWhat are the main types of national applications under U.S. patent law?
The main types of national applications under U.S. patent law are: Original (non-provisional) applications Provisional applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications…
Read MoreWhat is the difference between a nonprovisional and a provisional patent application?
While MPEP 203.03 specifically discusses amended nonprovisional applications, it’s important to understand the distinction between nonprovisional and provisional applications: Nonprovisional Application: This is a formal patent application that can result in an issued patent. It undergoes examination and can be amended, as described in MPEP 203.03. Provisional Application: This is a temporary application that establishes…
Read MoreWhat types of applications are considered ‘new’ under MPEP 203.01?
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional…
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