Laws That Apply to Design Patent Applications
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35 U.S.C. 102 Conditions for patentability;
novelty and loss of right to patent
A person shall be entitled to a patent
(a) the invention was known or used
by others in this country, or patented or described in a printed publication
in this or a foreign country, before the invention thereof by the applicant
for patent, or
(b) the invention was patented or
described in a printed publication in this or a foreign country or in public
use or on sale in this country, more than one year prior to the date of
the application for patent in the United States,
(c) he has abandoned the invention,
(d) the invention was first patented
or caused to be patented, or was the subject of an inventor's certificate,
by the applicant or his legal representatives or assigns in a foreign country
prior to the date of the application for patent in this country on an application
for patent or inventor's certificate filed more than twelve months before
the filing of the application in the United States,
(e) the invention was described in-
(1)an application for patent, published
under section 122(b), by another filed in the United States before the
invention by the applicant for patent, except that an international application
filed under the treaty defined in section 351(a) shall have the effect
under this subsection of a national application published under section
122(b) only if the international application designating the United States
was published under Article 21(2)(a) of such treaty in the English language;
(2)a patent granted on an application
for patent by another filed in the United States before the invention by
the applicant for patent, except that a patent shall not be deemed filed
in the United States for the purposes of this subsection based on the filing
of an international application filed under the treaty defined in section
(f) he did not himself invent the
subject matter sought to be patented,
(g) (1) during the course of an interference
conducted under section 135 or section 291, another inventor involved therein
establishes, to the extent permitted in section 104, that before such person's
invention thereof the invention was made by such other inventor and not
abandoned, suppressed, or concealed, or (2) before such person's invention
thereof, the invention was made in this country by another inventor who
had not abandoned, suppressed, or concealed it. In determining priority
of invention under this subsection, there shall be considered not only
the respective dates of conception and reduction to practice of the invention,
but also the reasonable diligence of one who was first to conceive and
last to reduce to practice, from a time prior to conception by the other.
35 U.S.C. 103 Conditions for patentability;
non-obvious subject matter
(a) A patent may not be obtained
though the invention is not identically disclosed or described as set forth
in section 102 of this title, if the differences between the subject matter
sought to be patented and the prior art are such that the subject matter
as a whole would have been obvious at the time the invention was made to
a person having ordinary skill in the art to which said subject matter
pertains. Patentability shall not be negatived by the manner in which the
invention was made.
(b) (1) Notwithstanding subsection
(a), and upon timely election by the applicant for patent to proceed under
this subsection, a biotechnological process using or resulting in a composition
of matter that is novel under section 102 and nonobvious under subsection
(a) of this section shall be considered nonobvious if-
(A) claims to the process and the
composition of matter are contained in either the same application for
patent or in separate applications having the same effective filing date;
(B) the composition of matter, and
the process at the time it was invented, were owned by the same person
or subject to an obligation of assignment to the same person.
(2) A patent issued on a process
under paragraph (1)-
(A) shall also contain the claims
to the composition of matter used in or made by that process,
(B) shall, if such composition of
matter is claimed in another patent, be set to expire on the same date
as such other patent, notwithstanding section 154.
(3) For purposes of paragraph (1),
the term “biotechnological process” means-
(A) a process of genetically altering
or otherwise inducing a single- or multi-celled organism to-
(i) express an exogenous nucleotide
(ii) inhibit, eliminate, augment,
or alter expression of an endogenous nucleotide sequence,
(iii) express a specific physiological
characteristic not naturally associated with said organism;
(B) cell fusion procedures yielding
a cell line that expresses a specific protein, such as a monoclonal antibody;
(C) a method of using a product produced
by a process defined by subparagraph (A) or (B), or a combination of subparagraphs
(A) and (B).
(c) Subject matter developed by another
person, which qualifies as prior art only under one or more of subsections
(e), (f), and (g) of section 102 of this title, shall not preclude patentability
under this section where the subject matter and the claimed invention were,
at the time the invention was made, owned by the same person or subject
to an obligation of assignment to the same person.
35 U.S.C. 112 Specification
The specification shall contain a
written description of the invention, and of the manner and process of
making and using it, in such full, clear, concise, and exact terms as to
enable any person skilled in the art to which it pertains, or with which
it is most nearly connected, to make and use the same, and shall set forth
the best mode contemplated by the inventor of carrying out his invention.
The specification shall conclude
with one or more claims particularly pointing out and distinctly claiming
the subject matter, which the applicant regards as his invention.
A claim may be written in independent
or, if the nature of the case admits, in dependent or multiple dependent
Subject to the following paragraph,
a claim in dependent form shall contain a reference to a claim previously
set forth and then specify a further limitation of the subject matter claimed.
A claim in dependent form shall be construed to incorporate by reference
all the limitations of the claim to which it refers.
A claim in multiple dependent form
shall contain a reference, in the alternative only, to more than one claim
previously set forth and then specify a further limitation of the subject
matter claimed. A multiple dependent claim shall not serve as a basis for
any other multiple dependent claim. A multiple dependent claim shall be
construed to incorporate by reference all the limitations of the particular
claim in relation to which it is being considered.
An element in a claim for a combination
may be expressed as a means or step for performing a specified function
without the recital of structure, material, or acts in support thereof,
and such claim shall be construed to cover the corresponding structure,
material, or acts described in the specification and equivalents thereof.
35 U.S.C. 132 Notice
of rejection; reexamination
(a) Whenever, on examination, any
claim for a patent is rejected, or any objection or requirement made, the
Director shall notify the applicant thereof, stating the reasons for such
rejection, or objection or requirement, together with such information
and references as may be useful in judging of the propriety of continuing
the prosecution of his application; and if after receiving such notice,
the applicant persists in his claim for a patent, with or without amendment,
the application shall be reexamined. No amendment shall introduce new matter
into the disclosure of the invention.
(b) The Director shall prescribe
regulations to provide for the continued examination of applications for
patent at the request of the applicant. The Director may establish appropriate
fees for such continued examination and shall provide a 50 percent reduction
in such fees for small entities that qualify for reduced fees under section
41(h)(1) of this title.
35 U.S.C. 171 Patents
Whoever invents any new, original,
and ornamental design for an article of manufacture may obtain a patent
therefor, subject to the conditions and requirements of this title.
The provisions of this title relating
to patents for inventions shall apply to patents for designs, except as
35 U.S.C. 172 Right of priority
The right of priority provided for
by subsections (a) through (d) of section 119 of this title and the time
specified in section 102(d) shall be six months in the case of designs.
The right of priority provided for by section 119(e) of this title shall
not apply to designs.
35 U.S.C. 173 Term of design patent
Patents for designs shall be granted
for the term of fourteen years from the date of grant.
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