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5 Written questions

5 Matching questions

  1. Computer Icons
  2. Are tubers allowed to be patented?
  3. The specification
  4. What is the app fee and the transmittal forms like for design patents?
  5. How long is the term for plant patents?
  1. a The term for plant patents is the same as for utility patents: 20 years from the effective filing date.
  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 ΒΆ 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 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.
  4. d Just like utility apps
  5. e No

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. 1) There is only 1 claim allowed in any design app!
    2) The protection for a design patent only lasts for 14 years from the grant date (20 years from the effective filing date for a utility.
    3) While a design app can get foreign priority under 35 USC 119(a)-(d), there is only a 6 month window from time of the earliest foreign filing until the US filing that claims priority (as opposed to 12 months for a utility app)
    4) A design patent cannot claim the benefit of PA under 35 USC 119(e); BUT it can claim the benefit of prior filed NPA (35 USC 120 is OK)
    5) There is no RCE under a design app, instead a CPA is used exclusively for continuations in design apps
    6) Design apps are never published
    7) There is no provision for an international app that is moved onto the national stage under the PCT for design apps (only US apps, or US apps claiming priority over purely-foreign design apps).
    8) Maintenance fees: Utility patents need maintenance fees paid after the patent is granted, design patents do not have these fees
  3. Only asexually produced plants (or sexually or asexually produced plants)
  4. Remember, the ornament must be original, simply copying another design and reproducing it (simulation) is not original, no patent.
  5. 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.

5 True/False questions

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

          

  2. The Claim in Design PatentsJust 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.)

          

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

          

  4. Lack of OrnamentalityThe 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.

          

  5. PlantsThe 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.

          

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