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Chapter 1500: Design Patents


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Objectives

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   Summary:

The details of design patents are discussed here. Design patents protect the way an article “looks” as opposed to how an article “works” (which is provided in a utility patent). The design must be embodied in or applied to an article or manufacture, it cannot exist alone.

A few of the unique properties of design patents include that; they have a shorter term than utility patents, maintenance fees are not required, provisional applications for designs may not be filed, and design patents may only have one claim.

Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant. Patents issued from design applications filed before May 13, 2015 shall be granted for the term of fourteen years from the date of grant.

The PTO may ask a question pertaining to the differences between design patents and utility patents. Be careful when answering any question about patent terms, they may sneak design patents in a choice hoping you won’t notice. The PTO will most likely ask at least one question on the elements of an application and their proper order, sometimes they will choose design patents for this question.

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   Chapter Ranking Chart:

Importance Ranking:
3-Stars
 
Volume of Material:
3-Stars
 
Complexity:
2-Stars
 
Overall Score:
2.7
 



   MPEP Section Frequency:
Key
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1502
  1502.01  
1503
1503.01 1503.02  
1504
   
1504.01
(a) (b)  
1504.02
   
1504.04
   

 

 

   Patent Training Workshop Videos:

 

 

   Video Digest:



   Mindmap:


   Objectives
  • Know the differences between design and utility patents.
  • Know the elements required for design patent applications and their proper order.
  • Know the following laws and rules:

37 C.F.R. 1.132

Affidavits or declarations traversing rejections or objections.

37 C.F.R. 1.152

Design drawings.

37 C.F.R. 1.155

Expedited examination of design applications.

35 U.S.C. 171

Patents for designs.

35 U.S.C. 172

Right of priority.

 


   Key Terms