Design Patents Flashcards
7 cards from real Patent Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Design Patents flashcards as text
Under 35 U.S.C. § 171, a design patent may be granted for a new, original, and ornamental design for an article of manufacture. Which of the following is NOT a requirement under this statute?
Answer: The design must be functional
Section 171 requires the design to be new, original, and ornamental for an article of manufacture — functionality is not a requirement and a primarily functional design is unpatentable.
A design patent application contains both solid lines and broken lines in the drawings. What do the broken lines in a design patent drawing typically represent?
Answer: Environmental structure not forming part of the claimed design
Broken lines in design patent drawings show environmental context or unclaimed portions of the article, while solid lines represent the claimed ornamental design.
What is the term of a design patent filed on or after May 13, 2015?
Answer: 15 years from the date of grant
Under the Patent Law Treaties Implementation Act of 2012, design patents filed on or after May 13, 2015 have a 15-year term from the date of grant.
Which section of the MPEP governs the examination of design patent applications?
Answer: MPEP Chapter 1500
MPEP Chapter 1500 is specifically dedicated to the examination of design applications.
An applicant files a design patent application with a single claim. The examiner finds the drawings show two distinct designs. What rejection is appropriate?
Answer: Restriction requirement under 35 U.S.C. § 121
When a design application discloses two or more distinct designs, the examiner issues a restriction requirement under 35 U.S.C. § 121 requiring the applicant to elect one design.
Under MPEP § 1504.04, when can a design patent claim be rejected for obviousness based on combining references?
Answer: When one reference teaches the basic design and a secondary reference teaches modifying it in an obvious way
A design claim may be rejected under § 103 when a primary reference discloses a basically similar design and a secondary reference teaches the modification that produces the claimed design in an obvious manner.
Which of the following is true regarding the filing of a continuation application claiming priority to a design patent application?
Answer: A continuation must be filed before the design patent issues
A continuation design application must be filed before the patenting, abandonment, or termination of proceedings in the parent design application.
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