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DESIGN PATENTS 1504.02
Date(s) Which Can Also Be Used
Country or Organization for 35 U.S.C. 102(d) PurposesI Comment
(INID Code (24»
SE-Sweden Date of registration or grant
TN-Tunisia Date of registration or grantwhich
is the filing date
TT-Trinidad and Tobago Date of registration or grant which
is the filing date
WO-World Intellectual Property Subject to Rule 14.2 of the Regu-
Organization (WIPO) lations (on defects), the International
Bureau enters the
international deposit in the International
Register on the date on
which it has in its possession the
application together with the items
required. Reproductions, samples,
or models pursuant to Rule 12, and
the prescribed fees.
I Based on information taken from the "Survey of Filing Procedures and Filing Requirements, as well as of
Examination Methods and Publication Procedures, Relating to Industrial Designs" as adopted by the PCIPI
Executive Coordination Committee of the World Intellectual Property Organization (WIPO) at its fifteenth
session on November 25, 1994.
Rejections under 35 U.S.c. 102(d) as modified by
35 U.S.C. 172 should only be made when the examiner
knows that the application for foreign registration/patent
has actually issued before the U. S. filing
date based on an application filed more than six (6)
months prior to filing the application in the United
States. If the grant of a registration/patent based on
the foreign application is not evident from the record
of the U. S. application or from information found
within the preceding charts, then the statement below
should be included in the first action on the merits of
the application:
'If 15.03.01 Foreign Filing More Than 6 Months Before
U.S. Filing
Acknowledgment is made of the [1] application identified in
the declaration which was filed more than six months priorto the
filing date of the presentapplication; Applicantis remindedthat
if the [2] application matured into a form of patent protection
before thefiling date of thepresent application it wouldconstitute
a statutory bar to the issuance of a design patent in the United
States under 35 U.S.C. 102(d) in view of 35 U.S.C. 172.
Examiner Note:
In brackets 1 and 2, insertthe name of country where application
was filed.
Form paragraphs for use in rejections under 35
U.S.C. 102 are set forth below.
'If 15.11 35 U.S.c. 102(0) Rejection
The claim is rejected under 35 U.S.C. 102(a) as being clearly
anticipated by [1] because the invention was known or used by
othersin this country, or patented or describedin a printed publication
in this or a foreign country before the invention thereofby
the applicant for patent.
'If 15.12 35 U.S.c. 102(b) Rejection
The claim is rejected uuder 35 U.S.C. 102(b) as being clearly
anticipated by [1] becausetheinventionwas patented or described
in a printed publication in this or a foreign country, or in public
use or on sale in this country more thanone (l) year priorto the
application for patent in the United States.
'If 15.13 35 U.S.c. 102(c) Rejection
The claim is rejected under 35 U.S.c. 102(c) because the
inventionhas been abandoned.
1500-23 August2001