Design, Plant, PCT, international design, Flashcards

Done! Design app: MPEP 1500 Plant app: MPEP 1600 PCT: MPEP 1800, International design: MPEP 2900

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1
Q

plant patent: term, fee, patentability

A

patent term: 20Y from filing
Fee: no maintenance fee
patentability:
1. need to be asexual reproducible (reproduced only by seed is not enough)
2. no tuber-propagated plants (no Jerusalem Artichokes)…
3. no bacteria

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2
Q

PCT submit to USPTO, by US people, by non-US people

A

US citizens and permanent residence: USPTO is the receiving office

Non-US people: USPTO can still accept the app, and forward it to Geneva!

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3
Q

Determine PCT as 102 prior art date
Before and after 2000
Before and after AIA 2013

A

Before 2000, FOT for 102(e): fee, oath, translation all filed. (objection of any of them doesn’t change the date that they are filed)

After 2000, DUSE for 102(e): designate US, filed in English or with translation.

After AIA, DUS for 102(a)(2): designate US, no need for English or translation.

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4
Q

Filing PCT at USPTO:

fee, who, designated country

A

fee needs to be paid within 1M of filing.

No need to identify inventors, just applicants is enough.

Need to identify at least 1 designated country. But after that, all countries are automatically designated, no need to add not identified countries at filing.

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5
Q

PCT Entering US national stage:

fee, submit items, who,

A

Entering national stage:
fee needs to be paid within 30M of priority date.
FOT
entering US needs to identify inventors

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6
Q

PCT related time: filing, patent term, when to pay fees

A

within 30M from priority date (no necessarily PCT filing date), enter national stage

20 Years term, counted from PCT filing date

fee: PCT filing: within 1M after filing.
National stage: within 30M of priority date.

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7
Q

design app submission requirement

Foreign priority time?

A

Spec, Only ONE claim drawings

Foreign priority: 6M + 2M (unintentional delay)

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8
Q

design app claim example

A

The ornamental design for a …, as shown and described.

Keep in mind, open with “The ornamental”, NOT “An ornamental” as in utility app.

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9
Q
design app:
fee?
file under what rule?
publication?
patent term?
Patent number?
A
Fee: no maintenance fee
File under 1.53(b)
No publication
15 years term start from issue date, no patent term adjustment...
Patent number start with the letter "D"
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10
Q

design app:

rejection based on combined references requires what?

A

the references in existence as actual object (rather than just drawings or photos)

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11
Q

design app drawings, about lines

A

solid lines for the design,

dashed lines for the environment…

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12
Q
International design app, after entering US, final rejection, what can/cannot be done?
A. Appeal to the Board
B. continuation under 1.53(b)
C continuation under 1.53(d)
D. CIP under 1.53(b)
E. CPA under 1.53(d)
A

C and E cannot be done.

No CPA for international design app…

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13
Q

international design patent term

A

15 years from issuance.

Only for filing after 05-15-2015

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14
Q

international design app:
What is the filing date? (filing at contract office or arriving at international office)
registration date at Geneva
Can claim foreign priority?

A

Filing date: file at contract office.
Registration date is also filing date.
Yes, using R1.55(m)

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