1500, 1600, 1700 - Design, Plants, Miscellaneous Flashcards

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1
Q

How many claims can a design patent have?

A

Only one that refers to the drawings

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2
Q

What does a design patent protect

A

the exterior appearance of a manufactured object - only the ornamental design

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3
Q

What is the term of a design Patent?

A

14 years

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4
Q

Can you patent designs that are offensive to race, religion, gender, etc?

A

No, not ornamental apparently

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5
Q

Can design patents be expedited?

A

Yes, with large fee and other requirements

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6
Q

What do solid and dotted lines mean in a design patent?

A

solid = invention

dotted = non-patented environment/example

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7
Q

Can you use photographs to show a design for a design patent?

A

yes

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8
Q

Can you use color drawings for design patent?

A

Yes, but you need to petition and state why it would be necessary, include 3 sets, pay a fee, and language

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9
Q

What sort of plants are patentable?

A

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).

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10
Q

How do you claim a plant in a plant patent?

A

Description must be as complete as reasonably possible.

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11
Q

What are the limits placed on PTO personnel with respect to expressing opinions on patent validity?

A

They cannot express any opinions on validity of patents, must presume patents are valid

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