Are the rules for utility patents applicable to design patents?
Yes, the rules for utility patents are generally applicable to design patents, with some exceptions. This is clearly stated in 37 CFR 1.151:
“The rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided.”
However, it’s important to note that there are specific rules that apply only to design patents, such as those found in 37 CFR 1.152 – 1.155. Additionally, for international design applications designating the United States, 37 CFR 1.1061 provides similar guidance with some exceptions:
“The rules relating to applications for patents for other inventions or discoveries are also applicable to international design applications designating the United States, except as otherwise provided in this chapter or required by the Articles or Regulations.”
When dealing with design patents, it’s crucial to be aware of these general applicabilities and the specific exceptions that may apply.
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