Design Patent

M. Arth...

The best extension is a commercially sucessful product with a registered trademark.

westdene

Thank you Arthur for the reply, but actuallly I was looking specifically whether there is or not some sort of term extension in a design patent.  

M. Arth...

I don't want to do the research, but I am also almost certain that there is no extension other than a new different design.

Design patents are usually so very specific that changes are not protectable unless the underlying design is unchanged even though the changes are made.

Copyrights may offer an alternative and they are good for life plus 70 years.

westdene

Quote

eric st...

Mr. Auslander actually gave you a good answer.

Trademarks (and trade secrets) can last forever, copyrights nearly a century, utility patents 20 years from the date of filing, and design patents 14 years.

Having different layers of IP, when possible, is always a good strategy.

As for the extension of a design patent...

In 1984 the US Congress enacted legislation providing for one-time extentions of utility patents covering certain kinds of pharmaceuticals to compensate for regulatory delay.

35 USC 155

http://www4.law.cornell.edu/uscode/35/155.html

35 USC 156

http://www4.law.cornell.edu/uscode/35/156.html

There are five different categories of product covered by the law: 1) drugs for human use, 2) food or color additives, 3) medical devices, 4) animal drugs and 5) veterinary biological products. Design patents are not included.

The only route available to you would be to obtain an extension through an act of Congress (through private law, not part of title 35.)

If you know someone in the Cheney family this should not be a problem.

Hope this helps,

Eric Stasik

M. Arth...

Thanks