Unit nine

Ex.5.

1. Design patents

2. Plant patents

3. in public use, patent

4. an application, proceedings

5. patent attorneys

6. fees, USPTO

Ex.8

Text 2

1 - H

2 - F

3 - E

4 - G

5 - C

6 - B

7 - D

8 - A

Ex.12

According to the USA legislation design models are called “Designs”. Under the law “any person who has invented any new and non-obvious ornamental design for an article of manufacture can be granted a patent”.

A design patent protects only the outward appearance of a finished article.

The appearance of the design may be executed either as a 3-D model or as a drawing on the surface of the article. In the USA a design may be a combination of a 3-D model and a drawing.

A design must be used in the article of manufacture.

An article of manufacture must have certain artistic qualities and an essential novelty which is destroyed by publications in the country and abroad.

The form of the law protection of a design is a patent.

A design pattern has a term of three and a half years; seven or fourteen years depending on the choice of the applicant and the term of protection cannot be extended. The term starts with the date of the patent granting.

Applications for designs are filed at the US Patent and Trademark Office.

The applicant is the inventor of the design.

The proceedings in the USA allow an employee to assign the rights for a design created by him/her to his/ her employer.

In the USA there is an examination system of a design filing. The examination is carried out of the subject of the application. The priority of the design starts with the filing of the application to record the design at the US Patent and Trademark Office Patent. The owner of the filed design has an exclusive right to use it and exclude others from using it.

The owner has the right to sell the license to use it.

The “Design” section” of the patent bulletin contains information about issued patents.

The following data are given about every design:

patent number; the name of the design; the author of the design and the place of his/her residence; the owner of the design and the place of his/her residence; the date of filing of the application for the design; the serial number of the application for the design; the term of the patent; the index of the International Classification of designs; the index of the National Classification of designs; the representation of the design.

At the end of the bulletin there are lists of indices of the material given in it.

1. List of patentees is the index of the names of inventors and patentees.

2. Classification of Patents is the systematic index of patents with the list of patent numbers issued in every subclass of the American National Classification within a week.

3. Geographical Index of Residence of Inventors.

Unit ten

Ex. 7

Текст 2 Trademarks

In the USA there is a law on trademarks and service marks. Trademarks and service marks can be in the form of word marks, illuminated or acoustic, simple and combined marks.

The owner of a trademark and service mark uses it first of all for marking a certain kind of goods, which are made or sold on the territory, where the exclusive right to a mark is in force to distinguish the enterprise which makes the goods or services from others.

Published in the USA is a weekly edition of the bulletin “Official Gazette of the United States Patent and Trademark Office. Trademarks.”

A lot of space is occupied by the section "Marks Published for Opposition" (see. Fig. 4) where applications for trademarks and service marks are published for the submission of objections.

The following information is given about each trademark:

- number of the application for a trademark (preceded by the letters " S.N."- serial number);

- the name and the location of the person / the organizations who submit the application;

- the filing date of the application for a trademark and service mark;

- trademark and service mark;

- indices of the international classification of the goods and services;

- the list of the goods for which the mark is assigned;

- the date of the first use of the trademark and service mark;

The “Patent and Trademark Office Notices” section contains official notices on regulations, legislative information, and the number of applications filed for registration.

Ex. 9.

1 - F

2 - D

3 - B

4 - A

5 - C

6 - H

7 - E

8 - G

9 - K

10 - L

11 - I

12 - J