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What are the requirements for getting a design patent?

Patent Trademark Blog

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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How long does it take to obtain a design patent?

Patent Trademark Blog

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

LexBlog IP

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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What happens if your patent is rejected?

Patent Trademark Blog

Will your patent be rejected? Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval.

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Proving Printed Publications

Patently-O

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. 3d 1308 (Fed.

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Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

More Than Your Mark

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.