What is the term of a design patent?

The term of a design patent depends on when the application was filed: For design applications filed on or after May 13, 2015, the term is 15 years from the date of grant. For design applications filed before May 13, 2015, the term is 14 years from the date of grant. This change was implemented…

Read More

What changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?

The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states: Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in…

Read More

What are the filing date requirements for patent applications filed on or after December 18, 2013?

For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP states: Except for design…

Read More

Are drawings required for a patent application to receive a filing date under the new rules?

For applications filed on or after December 18, 2013, drawings are not required to receive a filing date, except for design patent applications. However, it’s important to note that drawings may still be necessary for understanding the invention. The MPEP clarifies: Also, for applications filed on or after December 18, 2013, an application (other than…

Read More

What changes were introduced by the Patent Law Treaties Implementation Act (PLTIA)?

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures: Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design…

Read More