Chapter 1500 Flashcards
Which rule governs design patents?
Rule 151
Is the design patent applications included in the PCT?
No. PCT international applications are therefore not applicable for design patent applications
What is a design patent application?
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
What are the terms on the design patents?
14 years measured from the date of issuance
Are there maintenance fees to design patents?
No
Is restriction between plural, distinct invention mandatory in design patent applications?
Yes, it’s mandatory whereas it’s only discretionary on the part of the examiner in the utility patent applications
What is the time limit for filing for foreign priority?
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
Is provisional design patent application available for design patent application?
No. Although utility patent applications may claim the benefit of provisional applications, it is NOT available for design patent applications
Can one file a Request for Continued Examination (RCE)?
No, RCE is not available for design application although it’s available for utility and plant patent
Is continued prosecution application (CPA) practice available for design applications?
Yes, it’s available only for design applications effective July 14, 2013
Are design applications subject to application publication?
No, they are NOT subject to application publication
