How does a design patent application differ from a utility patent application?

While design patent applications share many elements with utility patent applications, there are some key differences: Design patents focus on the ornamental appearance of an article, while utility patents cover functional aspects. The arrangement of elements in a design patent application is specified in 37 CFR 1.154, which differs from utility patents. Design patent applications…

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What is a utility patent application?

A utility patent application is filed under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. Utility patent applications are sometimes referred to as “utility” patent applications when being contrasted with plant or design patent applications. The MPEP states: “The first type…

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What types of patent applications can be filed in the USPTO?

The three main types of patent applications that can be filed in the USPTO are: Utility patent applications (filed under 35 U.S.C. 101) for “any new and useful process, machine, manufacture, or composition of matter” Design patent applications (filed under 35 U.S.C. 171) for “any new, original, and ornamental design for an article of manufacture”…

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What is the purpose of drawing review in the Office of Patent Application Processing (OPAP)?

The primary purpose of drawing review in OPAP is to determine whether the drawings in new utility and plant patent applications can be effectively scanned for publication purposes. As stated in MPEP 507: The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine…

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How are color drawings and photographs handled in utility and design patent applications?

For utility and design patent applications, as well as related proceedings, color drawings and photographs are handled as follows, according to MPEP 608.02(c): Except for international applications, color photographs and color drawings in utility and design applications and proceedings will be stored in SCORE and a black and white copy thereof will be stored in…

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