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
In design patent prosecution, the 'ordinary observer' test for infringement was established in which landmark Supreme Court case?
Answer: Gorham Co. v. White
Gorham Co. v. White (1871) established the 'ordinary observer' test: an ordinary observer giving attention to the designs would be deceived into thinking one is the other.
A design patent application is filed without any drawings. What is the result?
Answer: The application is not entitled to a filing date
Under 37 C.F.R. § 1.154, a design application must include drawings, and without them the application cannot receive a filing date.
What is the primary difference between a design patent and a utility patent regarding the scope of protection?
Answer: Design patents protect the ornamental appearance; utility patents protect functional aspects
Design patents protect only the novel ornamental appearance of an article, while utility patents protect how an article works or is used.
Under 37 C.F.R. § 1.153, how many claims are permitted in a design patent application?
Answer: Only one claim
37 C.F.R. § 1.153 requires that a design application include only one claim, which must be in a specific format referring to the drawings.
A design patent applicant wishes to claim priority to an earlier-filed foreign design application under the Paris Convention. What is the priority period for design applications?
Answer: 6 months from the foreign filing date
Under 35 U.S.C. § 172, the priority period for design patent applications is 6 months from the date of filing the foreign application, not the 12 months applicable to utility patents.
Which of the following best describes the 'Rosen reference' in the context of design patent obviousness analysis?
Answer: A primary reference whose overall appearance is basically the same as the claimed design
A Rosen reference is a primary prior art reference whose overall visual impression is basically the same as the claimed design, serving as the starting point for a § 103 rejection.
A design patent drawing shows a chair design in phantom (broken) lines for the chair's seat, while the back and legs are in solid lines. What is claimed?
Answer: Only the back and legs of the chair
Only the portions shown in solid lines form part of the claimed design; the seat shown in broken/phantom lines is excluded from the claim scope.
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