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5 Written questions

5 Matching questions

  1. What is the app fee and the transmittal forms like for design patents?
  2. Plants
  3. The specification
  4. The Claim in Design Patents
  5. How long is the term for plant patents?
  1. a Just like utility apps
  2. b The term for plant patents is the same as for utility patents: 20 years from the effective filing date.
  3. c 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
  4. d : 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. e 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 Multiple choice questions

  1. 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.
  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) Appropriate if the designer of ordinary skill would modify a prior art reference to remove some features to arrive at the new design (same thing as removing parts of an invention that are not functional, no patent for obviousness).
    2) As usual, the applicant may rebut a prima facie case for obviousness.
  4. 1) Views (design draft)
    2) Broken lines
    3) Photos & Color Drawings (normally drawings are B&W)
  5. 1) App fee & transmittal forms
    2) ADS
    3) The specification (including the single claim)
    4) Drawings

5 True/False questions

  1. ADS for design patentThe (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 8 major differences between design apps and utility apps?1) App fee & transmittal forms
    2) ADS
    3) The specification (including the single claim)
    4) Drawings

          

  3. Are tubers allowed to be patented?Only asexually produced plants (or sexually or asexually produced plants)

          

  4. What types of plants can be patented?No

          

  5. 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.

          

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