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Design patents cover the ornamental appearance of an item. Design patents can be invalidated if the design is dictated solely by function (e.g. the outline of a key blade blank). Design patents are valid for 14 years from the date of issue if filed prior to May 13, 2015, or 15 years from the date of issue if filed on or after May 13, 2015.
During patent prosecution, the disclosed utility is presumed valid. The patent office bears the burden to disprove utility. The standard the USPTO uses is whether it is more likely than not that it would lack utility from the perspective of a person having ordinary skill in the art. If the examiner shows evidence that the invention is not ...
Unlike in most other countries, having a patent and a utility model for the same invention is not allowed in Russia. However, it is possible to have a Russian utility model and a Eurasian patent for the same invention. The main advantage of a utility model in Russia is a very short prosecution time (usually, no more than 6 moths) and a low cost.
Pats: The number of utility patents that have been issued. Only utility patents (or the international equivalent) are listed, as a utility patent is a patent for an invention. Not all patents are for inventions. Other patent types include: design patents for the ornamental design of an object; plant patents for plant varieties; and reissue ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
However, a "design patent" is not the same as a "patent" (sometimes referred to as a "utility patent") since it provides only limited protection for ornamental appearance. [45] Design patents are typically hard to infringe [ 46 ] and even Google's own homepage at the time the design patent was granted was almost certainly different enough from ...