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 the Hague Agreement Concerning the International Registration of Industrial Designs, which USPTO fee must be paid when filing an international design application designating the United States?
Answer: The U.S. designation fee and, upon entering national phase, the basic national fee
When designating the U.S. in a Hague Agreement application, the applicant must pay the U.S. designation fee to WIPO plus applicable USPTO fees when the application enters the national phase.
What is the standard of review applied by a court when evaluating the obviousness of a design patent claim after KSR International Co. v. Teleflex Inc. (2007)?
Answer: A flexible, expansive analysis considering all available knowledge and design incentives
After KSR, courts apply a flexible obviousness analysis that considers whether a designer of ordinary skill would have been motivated to combine prior art references, rejecting a rigid TSM test.
A design patent application's drawings show six views of a product (front, back, left, right, top, bottom). The applicant wants to cancel the back view and replace it with a perspective view. How should the applicant proceed?
Answer: File an amendment to the drawings with a showing that the replacement introduces no new matter
Amendments to design drawings are permissible provided the replacement does not introduce new matter; the applicant submits the amendment along with a statement that no new matter is added.
Which of the following types of computer-generated icons are eligible for design patent protection?
Answer: Icons shown on a computer screen or other display as part of an article of manufacture
Computer-generated icons displayed on a screen are patentable as designs for an article of manufacture (the screen/computer), provided they are ornamental and shown in the drawings as part of the article.
A design patent holder discovers that a competitor's product infringes the design patent. In assessing damages under 35 U.S.C. § 289, what remedy is available specifically for design patent infringement?
Answer: The infringer's total profit from the sale of the article bearing the infringing design
35 U.S.C. § 289 provides design patent holders with a unique remedy: recovery of the infringer's total profit from the sale of any article to which the patented design is applied.
Which of the following best describes the 'scope of the article' as relevant to design patent claim interpretation under MPEP § 1504.01?
Answer: The article identifies what the design is applied to and limits the scope of protection
The identified article of manufacture defines what the design is applied to and helps determine the scope of protection, as identical designs applied to different articles may receive different treatment.
Under 35 U.S.C. § 173 and pre-AIA law, a design patent filed before May 13, 2015 has a term of how many years from the grant date?
Answer: 14 years
Design patents filed before May 13, 2015 have a 14-year term from the date of grant, as opposed to the 15-year term for design patents filed after that date.
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