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5 Written questions

5 Matching questions

  1. ADS for design patent
  2. Computer Icons
  3. Elements of the plant patent
  4. Simulations do not get patents
  5. The specification
  1. a Remember, the ornament must be original, simply copying another design and reproducing it (simulation) is not original, no patent.
  2. b 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 ¶ 2: If the descriptions are not clear the examiner can object and require that the descriptions be rewritten.
    3) Just 1 claim allowed
  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 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.
  5. e 1) Description
    2) Drawings
    3) Specimens

5 Multiple choice questions

  1. "New, original, and ornamental design for an article of manufacture" including:

    1) A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (like the design on the outside)
    2) a design for the shape or configuration of the article (like the shape of the case, how the overall product appears)
    3) A combination of the first 2 categories.
  2. The ornamentation has to actually have been made for the purpose of being decorative, it can't just be a byproduct of the functional design. Example: I make a pulley system as part of an invention that might look nice. The pulleys are part of the function of the invention, and since they are not ornamental I cannot get a design patent on them.
  3. 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.
  4. The (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.
  5. Only asexually produced plants (or sexually or asexually produced plants)

5 True/False questions

  1. 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).

          

  2. 35 USC 112 Considerations1) 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 ¶ 2: If the descriptions are not clear the examiner can object and require that the descriptions be rewritten.
    3) Just 1 claim allowed

          

  3. How long is the term for plant patents?1) Description
    2) Drawings
    3) Specimens

          

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

          

  5. Are tubers allowed to be patented?No

          

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