FAQs Patent Questions
Question:New and Original are types of design patents
Answer: Invents a new, original, and ornamental design for an article of manufacture.
Question:A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent
Answer:
A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.” The description of the article in the claim should be consistent in terminology with the title of the invention.
Question:How do I obtain the status of a patent?
Answer:
The Patent Application Information Retrieval (PAIR) system permits third parties to obtain information about applications that have been published pursuant to 35 U.S.C. 122(b) and issued patents, such as the status of maintenance fee payments and whether or not a reissue application or reexamination request has been filed. PAIR can be accessed on the United States Patent and Trademark Office (USPTO) web site at http://portal.uspto.gov/external/portal/pair.
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There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.
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