What is the difference between utility patents and design patents in terms of examination procedures?
While both utility and design patents are examined by the USPTO, there are significant differences in their examination procedures. Design patents, which are handled by Technology Center 2900, have some unique aspects:
- Expedited Examination: As stated in MPEP § 1002.02(c)(3), design patents have a specific process for expedited examination:
“Requests for expedited examination of design applications under 37 CFR 1.155, MPEP § 1504.30.”
This expedited process is decided by the Director of Technology Center 2900 and is not available for utility patents.
- Focus on Appearance: Design patent examination focuses on the ornamental design of an article of manufacture, rather than its functional aspects.
- Single Claim: Design patents typically have only one claim, while utility patents can have multiple claims.
- Shorter Examination Period: Design patent applications often have a shorter examination period compared to utility patents.
Understanding these differences is crucial for inventors and patent attorneys when deciding between utility and design patent protection and navigating the examination process.
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