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5 Written questions

5 Matching questions

  1. ADS for design patent
  2. Simulations do not get patents
  3. Computer Icons
  4. What are the elements of the drawings for design patent?
  5. The specification
  1. a 1) Views (design draft)
    2) Broken lines
    3) Photos & Color Drawings (normally drawings are B&W)
  2. b They still have to meet the above requirement to be part of an 'article of manufacture' instead of just being abstract drawings:
    1) 2D computer icons are considered as surface ornamentation, so as long as this icon is part of another item of manufacture (like appearing on a monitor with a product) it is just another type of ornamentation. Example: Icons on an iPhone screen can get design patents.
    2) As long as there is an embodiment the icon may be patented.
  3. c Just like a utility app(giving basic info on the app, correspondence addresses, names of applicants, specifying if there is a preliminary amendment, declaring SES, etc.)
  4. d 1) There should be a Preamble & Title (this takes the place of the abstract). This just includes the title of the design & brief description.
    2) The Description. The description usually is brief since most of the actual information about the design & ornamentation is actually contained in the drawing. As long as the descriptions clearly & accurately describe aspects of the drawings they are permitted (no particular format required). However, remember 35 U.S.C. 112 ΒΆ 2: If the descriptions are not clear the examiner can object and require that the descriptions be rewritten.
    3) Just 1 claim allowed
  5. e Remember, the ornament must be original, simply copying another design and reproducing it (simulation) is not original, no patent.

5 Multiple choice questions

  1. Only asexually produced plants (or sexually or asexually produced plants)
  2. The factual inquiry is to determine if the new design is actually novel, and has not been anticipated in all respects by prior art. As long as the "average observer" would not see the prior art as anticipating the new design in every element, it is novel. (This is 35 U.S.C. 102 reasoning!) Remember, the prior art does not have to be analogous, it could come from any source.
  3. 1) Under paragraph 1: if the drawings do not properly disclose the design or if the designer of ordinary skill will not be able to reproduce the design from the information given in the spec/drawings then it will be rejected for not being properly described or enabled.
    2) Under paragraph 2: Definiteness is still important in the claims. Simply saying "or similar article" , "or the like" will not be definite enough when describing the design. However, that broadening language could be OK if it is instead used in describing the types of environment in which the design would be used (like: "used in a kitchen or the like") since that is just background info and not about the design itself.
  4. Just like utility apps
  5. 1) Description
    2) Drawings
    3) Specimens

5 True/False questions

  1. The Claim in Design PatentsThe (single) claim is of the form: "The ornamental design for (the article that embodies the design or the article that the design is applied to) as shown
    2) As a corollary, if the examiner sees anything looking distinct/separate in the design app, a restriction to elect 1 claim will be mandatory (remember than in utility apps the restriction is not 100% mandatory if the examiner does not see an undue burden in the examination, but here it is)
    3) Divisional continuations are still available for restrictions in design apps.

          

  2. What are the elements of a design patent?1) Views (design draft)
    2) Broken lines
    3) Photos & Color Drawings (normally drawings are B&W)

          

  3. How long is the term for plant patents?The term for plant patents is the same as for utility patents: 20 years from the effective filing date.

          

  4. Plants: It is possible to get a utility patent (35 U.S.C. 101) on a plant instead of the plant patent (35 U.S.C. 161) so plant patents are not exclusive to utility patents (although you have to choose one or the other).

          

  5. Nonobviousness (35 USC 103)The analogous art for designs is not the field for the functional part of the invention, it is the field for the actual types of design involved. Example: Say there is a repeated decorative pattern being patented, the fact that the product it is decorating is an outdoor table is not the field to look for analogous art. Instead, look at the field of products where similar patterns would be used in the ornamental sense.

          

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