Patent Bar Exam Design Patents 2 — Questions and Answers
Question 1: 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?
- The design must be new
- The design must be ornamental
- The design must be functional (Correct answer)
- The design must be for an article of manufacture
Correct 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.
Question 2: 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?
- Portions of the design that are claimed
- Environmental structure not forming part of the claimed design (Correct answer)
- Alternative embodiments of the design
- Hidden structural features of the article
Correct 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.
Question 3: What is the term of a design patent filed on or after May 13, 2015?
- 14 years from the date of grant
- 15 years from the date of grant (Correct answer)
- 20 years from the filing date
- 17 years from the date of grant
Correct 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.
Question 4: Which section of the MPEP governs the examination of design patent applications?
- MPEP Chapter 1500 (Correct answer)
- MPEP Chapter 1600
- MPEP Chapter 2100
- MPEP Chapter 700
Correct answer: MPEP Chapter 1500
MPEP Chapter 1500 is specifically dedicated to the examination of design applications.
Question 5: An applicant files a design patent application with a single claim. The examiner finds the drawings show two distinct designs. What rejection is appropriate?
- Double patenting rejection under 35 U.S.C. § 101
- Restriction requirement under 35 U.S.C. § 121 (Correct answer)
- Obviousness rejection under 35 U.S.C. § 103
- Indefiniteness rejection under 35 U.S.C. § 112
Correct 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.
Question 6: Under MPEP § 1504.04, when can a design patent claim be rejected for obviousness based on combining references?
- Only when both references are design patents
- When one reference teaches the basic design and a secondary reference teaches modifying it in an obvious way (Correct answer)
- Only when the secondary reference is in the same field of art
- When both references disclose identical designs
Correct 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.
Question 7: Which of the following is true regarding the filing of a continuation application claiming priority to a design patent application?
- A continuation must be filed before the design patent issues (Correct answer)
- A continuation may be filed after the design patent issues
- Design applications cannot have continuation applications
- A continuation must include different drawings than the parent
Correct 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.
Patent Bar Exam Design Patents 2
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?