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5 Written questions

5 Matching questions

  1. ADS for design patent
  2. What are the 8 major differences between design apps and utility apps?
  3. What are the two steps for the prima facie obviousness test for patents?
  4. Are tubers allowed to be patented?
  5. Computer Icons
  1. a 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
  2. b No
  3. c 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. d 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.)
  5. e 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 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. Just like utility apps
  3. 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.
  4. Remember, the ornament must be original, simply copying another design and reproducing it (simulation) is not original, no patent.
  5. 1) App fee & transmittal forms
    2) ADS
    3) The specification (including the single claim)
    4) Drawings

5 True/False questions

  1. What types of plants can be patented?Only asexually produced plants (or sexually or asexually produced plants)

          

  2. What are the elements of the drawings for design patent?1) App fee & transmittal forms
    2) ADS
    3) The specification (including the single claim)
    4) Drawings

          

  3. 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.)

          

  4. 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.

          

  5. NoveltyThe 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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