Design, Plant, PCT, international design, Flashcards
Done! Design app: MPEP 1500 Plant app: MPEP 1600 PCT: MPEP 1800, International design: MPEP 2900
plant patent: term, fee, patentability
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
PCT submit to USPTO, by US people, by non-US people
US citizens and permanent residence: USPTO is the receiving office
Non-US people: USPTO can still accept the app, and forward it to Geneva!
Determine PCT as 102 prior art date
Before and after 2000
Before and after AIA 2013
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.
Filing PCT at USPTO:
fee, who, designated country
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.
PCT Entering US national stage:
fee, submit items, who,
Entering national stage:
fee needs to be paid within 30M of priority date.
FOT
entering US needs to identify inventors
PCT related time: filing, patent term, when to pay fees
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.
design app submission requirement
Foreign priority time?
Spec, Only ONE claim drawings
Foreign priority: 6M + 2M (unintentional delay)
design app claim example
The ornamental design for a …, as shown and described.
Keep in mind, open with “The ornamental”, NOT “An ornamental” as in utility app.
design app: fee? file under what rule? publication? patent term? Patent number?
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"
design app:
rejection based on combined references requires what?
the references in existence as actual object (rather than just drawings or photos)
design app drawings, about lines
solid lines for the design,
dashed lines for the environment…
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)
C and E cannot be done.
No CPA for international design app…
international design patent term
15 years from issuance.
Only for filing after 05-15-2015
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?
Filing date: file at contract office.
Registration date is also filing date.
Yes, using R1.55(m)
