Chapter 1500: Design Patents

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.
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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- Click on image to see full-size view or download the mindmap PDF.
- Download the PDF outline.

- 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. |
