1500, 1600, 1700 - Design, Plants, Miscellaneous Flashcards
How many claims can a design patent have?
Only one that refers to the drawings
What does a design patent protect
the exterior appearance of a manufactured object - only the ornamental design
What is the term of a design Patent?
14 years
Can you patent designs that are offensive to race, religion, gender, etc?
No, not ornamental apparently
Can design patents be expedited?
Yes, with large fee and other requirements
What do solid and dotted lines mean in a design patent?
solid = invention
dotted = non-patented environment/example
Can you use photographs to show a design for a design patent?
yes
Can you use color drawings for design patent?
Yes, but you need to petition and state why it would be necessary, include 3 sets, pay a fee, and language
What sort of plants are patentable?
All plants are patentable except for bacteria or tuber-propogated, as long as they were invented in a cultivated state AND asexually reproduced (e.g., initially reproduced from other than seeds.. it indeed can later be reproduced by seeds).
How do you claim a plant in a plant patent?
Description must be as complete as reasonably possible.
What are the limits placed on PTO personnel with respect to expressing opinions on patent validity?
They cannot express any opinions on validity of patents, must presume patents are valid