Patent Bar Exam Design Patents 3

Question 1

In design patent prosecution, the 'ordinary observer' test for infringement was established in which landmark Supreme Court case?

Accepted Answer

Gorham Co. v. White

Answer

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.

Question 2

A design patent application is filed without any drawings. What is the result?

Accepted Answer

The application is not entitled to a filing date

Answer

Under 37 C.F.R. § 1.154, a design application must include drawings, and without them the application cannot receive a filing date.

Question 3

What is the primary difference between a design patent and a utility patent regarding the scope of protection?

Accepted Answer

Design patents protect the ornamental appearance; utility patents protect functional aspects

Answer

Design patents protect only the novel ornamental appearance of an article, while utility patents protect how an article works or is used.

Question 4

Under 37 C.F.R. § 1.153, how many claims are permitted in a design patent application?

Accepted Answer

Only one claim

Answer

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.

Question 5

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?

Accepted Answer

6 months from the foreign filing date

Answer

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.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Design Patents 3