Chapter 1500 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Which rule governs design patents?

A

Rule 151

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Is the design patent applications included in the PCT?

A

No. PCT international applications are therefore not applicable for design patent applications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a design patent application?

A

subject matter which is claimed is the design embodied in or applied to an article of manufacture, and not the article itself

design of an article consists of the visual characteristics whereas utility application protects functionality

and includes only a SINGLE claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the terms on the design patents?

A

14 years measured from the date of issuance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Are there maintenance fees to design patents?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Is restriction between plural, distinct invention mandatory in design patent applications?

A

Yes, it’s mandatory whereas it’s only discretionary on the part of the examiner in the utility patent applications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the time limit for filing for foreign priority?

A

It is only 6 months for design patent applications, while it is up to 1 year after first filing in any country of the Paris Convention for utility patent applications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Is provisional design patent application available for design patent application?

A

No. Although utility patent applications may claim the benefit of provisional applications, it is NOT available for design patent applications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Can one file a Request for Continued Examination (RCE)?

A

No, RCE is not available for design application although it’s available for utility and plant patent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Is continued prosecution application (CPA) practice available for design applications?

A

Yes, it’s available only for design applications effective July 14, 2013

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Are design applications subject to application publication?

A

No, they are NOT subject to application publication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly