The Subject Patent Already Has Underlining or ... - Bayhdolecentral
The Subject Patent Already Has Underlining or ... - Bayhdolecentral
The Subject Patent Already Has Underlining or ... - Bayhdolecentral
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application. Instead, a subsequently filed request<br />
under 37 CFR 1.155 should be made by facsimile<br />
transmission to the Design TC Direct<strong>or</strong>'s office indicating<br />
the c<strong>or</strong>responding application number.<br />
Design application filings addressed to Box Expedited<br />
Design will be f<strong>or</strong>warded immediately to the<br />
Design TC Direct<strong>or</strong>'s office. Whether an application<br />
requesting expedited examination is hand-delivered to<br />
the Design TC Direct<strong>or</strong>'s office <strong>or</strong> mailed to Box<br />
Expedited Design,expedited processing is initiated at<br />
the Design TC Direct<strong>or</strong>'s office provided the application<br />
(includingthe design application filing fee) is in<br />
condition f<strong>or</strong> examination and a complete request<br />
under 37 CPR 1.155 (including the fee specified at 37<br />
CFR 1.17(k» qualifies the application f<strong>or</strong> expedited<br />
examination.<br />
Upon a decision by the Design TC Direct<strong>or</strong> to<br />
grant the request f<strong>or</strong>expedited examination, fees are<br />
immediately processed, the application papers are<br />
promptly assigned an application number, and the<br />
application is dispatched to an examiner f<strong>or</strong> expedited<br />
examination. In addition, the applicant is notified that<br />
examination is being expedited. <strong>The</strong> expedited treatment<br />
under 37 CPR 1.155 occurs through initial<br />
examination processing and throughout the entire<br />
prosecution in the Office. Whereas, an application<br />
granted special status pursuant to a successful "petition<br />
tomake special" under MPEP § 708.02 is pri<strong>or</strong>itized<br />
while it is on the examiner's docket so that the<br />
application will be examined out of tum responsive to<br />
each successive communication from the applicant<br />
requiring Office action. F<strong>or</strong> a patentable design application,<br />
the expedited treatment under 37 CFR 1.155<br />
would be a streamlined filing-to-issuance procedure.<br />
This procedure further expedites design application<br />
processing by decreasing clerical processing time as<br />
well as the time spent routing the application between<br />
processing steps.<br />
Although a request under 37 CFR 1.155 may be<br />
filed subsequent to the filing of the design application,<br />
it is recommended that the request and the c<strong>or</strong>responding<br />
design application be filed together in <strong>or</strong>der<br />
to optimize expeditious processing.<br />
If an application requesting expedited examination<br />
is incomplete (not in condition f<strong>or</strong> examination), an<br />
appropriate notice will be mailed to the applicant<br />
identifying the reasons why the application is incom-<br />
DESIGN PATENTS 1505<br />
plete and requiring c<strong>or</strong>rection thereof.<strong>The</strong> Office Will<br />
not examine an application that is not in condition f<strong>or</strong><br />
examination even if the applicant files a request f<strong>or</strong><br />
expedited examination.<br />
If an application requesting expedited examination<br />
fails to comply with one <strong>or</strong> m<strong>or</strong>e of the requirements<br />
f<strong>or</strong> expedited examination under 37 CPR 1.155, but<br />
the .application is otherwise complete, the applicant<br />
will be promptly notified and required to comply with<br />
all requirements under 37 CFR 1.155 within a sh<strong>or</strong>tened<br />
time period extendable under 37 CPR 1.136(a),<br />
Unless all requirements under 37 CFR 1.155 are<br />
timelymet, the application will await action in its regulartum.<br />
Once a request under 37 CFR 1.155 is granted,<br />
examiners will expedite examination by examining<br />
the application out-of-tum. Examiners are strongly<br />
encouraged to use telephone interviews to resolve<br />
min<strong>or</strong> problems. Clerical processing of the application<br />
will be expedited as well.<br />
If the overall appearance of two <strong>or</strong> m<strong>or</strong>e patentably<br />
distinct embodiments of an article as disclosed in the<br />
drawings are different in appearance <strong>or</strong> scope, restriction<br />
will be required in acc<strong>or</strong>dance with MPEP<br />
§ 1504.05. If applicant refuses to make an election<br />
without traverse, the application will not be further<br />
examined at that time, and the application will await.<br />
action. in its regular tum. Divisional applications<br />
directed to nonelected inventions Will not qualify f<strong>or</strong><br />
expedited examination unless the divisional application<br />
meets on its own.all requirements f<strong>or</strong> expedited<br />
examination under 37 CpR 1.155. Similarly, expedited<br />
status will not carryover to a continuing application,<br />
including a CPA, unless the continuing<br />
application meets on its own all .requirements f<strong>or</strong><br />
expeditedexamination under 37 CFR 1.155.<br />
Once a request f<strong>or</strong> expedited examination is<br />
granted, prosecution will proceed acc<strong>or</strong>ding to the<br />
procedure under 37 CFR 1.155. <strong>The</strong>re is no provision<br />
f<strong>or</strong> "withdrawal" from expedited examination procedure.<br />
1505 Allowance and Term of<br />
Design <strong>Patent</strong><br />
35 us.c.trs. Tennofdesignpatent.<br />
<strong>Patent</strong>s f<strong>or</strong> designs shall be grantedf<strong>or</strong>.the term of fourteen<br />
years from thedate of grant.<br />
1500-49 August 2001