Impact of the 15-year Design Patent Term

If I were preparing to file a design patent around early May 2015, I might have held-off a bit on the filing to pass the May 13, 2015 threshold.  Design patents stemming from applications filed on or after that date have a 15-year patent term (calculated from patent issuance) as opposed to a 14-year term for those filed prior to the threshold date.

When I looked at the numbers, I was surprised to find that the extra year did not capture the hearts of design patent filers as I might have expected. (See Chart below.) Yes, filings on the 13th of May were above average and the preceding two days were below average, but the first look here that few filers acted to game that extra year.

DesignPatents15Year

 

 

 

45 thoughts on “Impact of the 15-year Design Patent Term

    1. 6, you are going to love this case. Here we have a long time, nearly 40 year, employee terminated based upon an incident which alone did not justify the termination. However, the ultimate boss in the organization, the Don, ordered the decapitation based upon repeated incidents. The captain, who heard the case based upon the single incident, and ruled that the employee be fired.

      The majority in the decision now vacated held there to be a violation of due process. The dissent said boo-hoo, sounding much like MM.

      The Federal Circuit has now taken a case en banc and vacated the decision.

      1. I hope they rule the email should have been disclosed.

  1. In other “tech” news:

    The coming onslaught of driverless cars will require dramatic changes to our streetscape, including new traffic management strategies and a reevaluation of curb and other parking spaces, according to a new report by the Regional Plan Association. But they will only do so if city officials can muster up the courage to transfer space traditionally allocated for cars to high-occupancy transit and autonomous vehicles.

    Nobody could have predicted that this cr @p technology would turn into a massive corporate grift at the public’s expense.

    But America doesn’t have enough money to fix its infrastructure or provide decent healthcare to everyone! Deficit soooooo scary!

      1. Your 0bsess10n

        I have to totally scour the news for this robot car stuff! It’s never in the headlines.

        LOLOLOL

        1. Whether or not the headlines are there does not an 0bsess10n for you make.

  2. In view of thread #4 below, Dennis should really take my suggestion (errrr… I mean Anon’s suggestion since he said he suggested if first) to start a miscellaneous board. This is getting ridiculous (both the language and the content). This page is supposed to be about design patent term.

    1. pl,

      I did not intend to steal your thunder, but rather, I indicated that I had previously suggested the same thing because suggestions for handling the single largest source of blight are not new.

      Just as Malcolm’s “swagger” has been objectively traced back to his very initial posts some eleven and half years ago.

      It is more than just a little bit of a joke that the editors will cycle through every once in awhile and “ask” for a better ecosystem, and then sit back and do not actually take measures to make it so.

      Further, the measures that they DO engage in – such as the uneven application of “count” filters – penalizes those that engage in active discussion and promote the very type of drive-by monologue blight that Malcolm engages in.

      THIS TOO is known to the editors.

      And yet, we are constantly bombarded with thread hijacks by the defiant Malcolm who has anointed himself the “conscience” of this forum and deems it necessary to include all of this type of non-patent law feelings.

      IF the editors really wanted to take care of this – this would have been taken care of L O N G ago. plenty of coffee shops full of programmers who for a pizza or two could have made it so over any one of many weekends over the past half dozen years.

      1. LOL Anon, I was only kidding about “stealing my idea”. i couldn’t care less who gets credit for anything here.

        I personally don’t really have a problem with the content of anyone’s posts, except: those that are off topic (when I am doing research for a case or something and come across an old article, sometimes i will check the comments for further insight). Off-topic posts just clutter up the educational value of each topic. Also, disguising words to avoid the filter (e.g., “f ck”) is disingenuous and not what Dennis intended. Disguised posts should be deleted since they would have gotten caught in the filter anyway.

        1. Remember, folks: “political correctness” is the worst thing ever. But telling people what words they can use and what topics are discussion-worthy, well, that’s just how you do things.

          What a bunch of ridiculous empty-suited hypocrites. Grow up you erfing crybabies.

          1. what words they can use and what topics are discussion-worthy

            …hide behind that flag-waving of yours Malcolm as we both know that ALL that people are asking is that you respect the fact that THIS forum is for patent law.

            Discussions on political correctness – from me – have typically been on point when there is a connection from that topic to an IP topic (for example, the Tam case), or I am rebutting some of YOUR inanity. Remove that initial inanity and you won’t have my rebuttals. As such, there is ZERO hypocrisy where you accuse it (and much hypocrisy with you doing the Accusing Others Of That Which You Do – your number one meme).

            Grow up you erfing crybabies.

            Fn stultifying, coming as it does from the least grown-up biggest crybaby on the entire blog.

      2. An Indiana lawmaker has drafted a bill that would require professional journalists to be licensed by state police.

        Rep. Jim Lucas had the measure drawn up earlier this year and said he may file it to drive home a point about his signature issue: gun rights.

        “If you’re OK licensing my Second Amendment right, what’s wrong with licensing your First Amendment right?” he said.

        The idea that you aren’t supposed to talk about bugf ck ins@ ne this is because “patent blog” is pretty funny.

        Wake up,”anon”, you hypocritical glibertarian pile of shirt.

        Oh wait: the worst thing ever is “political correctness.” LOL Sure, kids.

      3. IF the editors really wanted to take care of this

        And what if they don’t?

        What will you do, “anon”? File a “protest vote”? Delete your account?

        Or maybe you’ll just fill your dypies a little bit more. I think there’s probably a couple cubic millimeters of space left somewhere. If not, just change out and open a new box.

        1. And what if they don’t?

          We are “charmed’ with your swagger.

          Isn’t that obvious?

  3. The White House confirmed late Thursday that it would halt federal payments for cost-sharing reductions, although a statement did not specify when. Another statement a short time later by top officials at the Health and Human Services Department said the cutoff would be immediate. The subsidies total about $7 billion this year.

    To all the RE p u k-k-ke @ h0les who voted for this vindictive piece of senilte sh it: f ck off and die. You’re all just s cu m bags. Live with it.

    1. link to patentlyo.com

      Also (emphasis added):

      I certainly do not mind sharp dialogue. But the blight here is not sharpness per se. The blight is the level of mindlessness that some certain sAme ones employ in how they post, or – for example – the number of thread hijacks that occur (which include not only repeated NON-patent law hijacks, but defiant statements that such hijacks will proudly continue. Let’s NOT forget that this is a patent law forum. That, or just change the byline….

      1. What does MM’s comment have to do with patent law? Can’t you find like a facebook group to vent MM? I could suggest a few.

        1. What does MM’s comment have to do with patent law?

          Maybe the editor can tell us.

          This post or any of the other dozens that populate this “patent law” blog.

          Goodness knows that perceptions abound in the editor’s silence.

    2. Wow, classy.

      Despite my best efforts, I couldn’t convince a number of otherwise rational family members to vote for HRC. Your approach to the problem is futile and could very well back-fire come 2020. Unless, of course, you’re just waiting for folks to die-off and demographic changes to take their course.

      1. “I couldn’t convince a number of otherwise rational family members to vote for HRC.”

        You mean Harvey’s next door neighbor and long time good ol’ buddy married to billy bill and who supar openly lurves wallstreet and privately admits to having private opinions that she hides while presenting other opinions to the public, who allegedly didn’t “need white men”? I can only guess why someone wouldn’t vote for such a person!

        “Your approach to the problem is futile and could very well back-fire come 2020. ”

        7.2 more years! All courtesy of lefties like MM. When will you people on the moderate left rhetorically rough these people up politically by starting to “punch left” with your rhetoric? While you’re at it, ceasing to bow to their muh victim narrative could only help you at the ballot box. You can continue, and even increase, your efforts to help your muh victims while disowning the toxic narrative.

        “Unless, of course, you’re just waiting for folks to die-off and demographic changes to take their course.”

        Unlikely to happen.

        1. Why unlikely? Do you really think enough millennials and subsequent generations will vote republican after the baby boomers die-off to maintain republican power federally? I just do not see it. At the state and local level, sure, but federally? If Trump doesn’t deliver on jobs and the economy big time, PA, OH, MI, and/or WI could easily flip blue in 2020. Possibly even FL.

          Folks may be annoyed with the left’s crying about social issues, but money talks – always has, always will. People will accept M&M’s crying about muh victims if they think the democrat will do better on the ecomony.

          And even if the President serves 2 terms, do you really think the next republican candidate will be another Trump-like character? Again, I just do not see it. Assuming the population is largely happy with the state of the country after an 8 year Trump Presidency, which is far from certain, I see a somewhat centrist character getting the nod — a John Kasich-like character for example.

          1. Folks may be annoyed with the left’s crying about social issues

            ROTFLMAO

            Because Rep u k-k-kes never whine about “social issues”!

            Oh l0 0kie! Mango Tweetface is already worried about “protecting” “Judeo-X i an ” values and it’s not even Halloween yet. Baby Jeebus will be so relieved.

            Seriously, it’s exactly your kind of cynical hypocritical b@ loney that is rotting the Re pu k-k-kes. Just call the party the Modern N@ zi Party and end the charade.

          2. PYT do you really think the next republican candidate will be another Trump-like character?

            Hilarious. When is the last time the Repu k-k-kes had a Prez who was NOT a “Trump-like” character?

            The Chimperor (a lily white cl 0wn pawn for warmongering @ h0les trying to destroy the Federal government and give the treasure to the rich)? Ronnie Raygun (a senile lily white movie actor out to destroy the Federal government and give the treasure to the rich) ?

          3. If Trump doesn’t deliver on jobs and the economy big time, PA, OH, MI, and/or WI could easily flip blue in 2020. Possibly even FL.

            Or he’ll just a war and the only issue will be whether “strong” Trump is better than “weak” [insert any Dem candidate here).

            Never mind that the guy is a f cked up vindictive id i 0t who ruins everything he touches.

          4. “Why unlikely”

            Because of several things.

            1. Latinas will be assimilated into the white cis hetero patriarchy, robbing leftists of their muh victim card with regard to them (this is according to leftists and others, no experts I’ve heard of think this will not happen).

            2. White birth rates are already starting to come back according to muh leftist media (their screams are long and loud about this being white supremacy at its worst lol).

            3. The gender war disruption in the sexual marketplace that caused a lot of the disruption in Merican (mostly white) birth rates is starting to be dealt with.

            4. Immigration is just now re-becoming much of an issue.

            5. Gen Z is hugely right leaning. (thank the great recession).

          5. 6. The power that turns kids into, often childless, lefties (universities) now faces and will only face higher scrutiny over use of gubmit monies to fight/subvert/replace/whatever the white cis hetero patriarchy that is funding it. And a few non-cu cked individuals are in place in the gubmit now to take gubmit action while the patriarchy takes action on the ground level.

            7. The democrats tipped their hand too soon.

            8. As to the presidential election, the electoral college is spread out. The demographic “change” is largely concentrated.

            9. Eventually there are going to be schisms between the muh victim groups, their interests will come into more and more conflict with each other, especially as they become more successful and integrated over the years, as immigrants and previously scriminated groups etc. generally do. As the overton window shifts the current muh victim narrative out of fashion, so goes their alliance. Already the muh victim narrative, crafted so beautifully by pointy headed academics, is under considerable siege and critique itself. Their game grows increasingly transparent (spoiler: the whole narrative is a power play, but it has power because there is a tiny bit of truth in it).

          6. “People will accept M&M’s crying about muh victims if they think the democrat will do better on the ecomony.”

            Not if they continue to refer to all white people as “ray cist sex ist hom ophonbic xeno phonbic depl orables”. And not if “the democrat” run by the dems is a random bla ck m uslim que er g ay wo man that doesn’t have the outstanding ability of O bama (currently their roster is barren and their tapped candidate to take on trump is a nobody).

          7. “do you really think the next republican candidate will be another Trump-like character”

            That’s what everyone is worried about, the “trumpification” of the republican party (republican and dem establishment alike) such that more and more candidates lean that way. I see zero reason why it won’t happen, it is required to happen in the current social climate. And keep in mind, a trumpified prez is not required, all that is required is a trumpified party. Slowly it’s already happening. And to be clear, it isn’t even happening all that much because of Trump itself, it’s happening because of huge political/cultural forces making it happen.

            1. it is required to happen in the current social climate.

              LOLOLOLOLOLOLOLOL

              Hence his being crushed in the popular vote by HRC.

          8. PVT – in many ways American politics is not about party labels. It is better to talk about particular issues.

            Speaking of morality only, we have seen in history swings back and forth between liberality and conservatism. Do you recall how Augustus tried to rein in the licentiousness he found in Rome? He tried to restore “family values.” He was not successful. But even so, the power Rome continue to increase for a period of time; but eventually the values that made Rome great disintegrated and there were no “Romans” left to defend the state against barbarian aggression.

            1. “but eventually the values that made Rome great disintegrated and there were no “Romans” left to defend the state against barbarian aggression.”

              MM’s dream come true. Then Merica can have glorious barbarisms!

            2. Do you recall how Augustus tried to rein in the licentiousness he found in Rome?

              He relied on massive fake news dumping by a foreign plutocracy?

        2. When will you people on the moderate left rhetorically rough these people up politically

          Yes, by all means Democrats should look to 6 (LOLOLOLOLOLOL) for advice on how to pursue voters.

          Oh but wait: Repu k-k-kes can’t win the popular vote and never will again because their actual positions disgust decent people.

      2. I couldn’t convince a number of otherwise rational family members to vote for HRC.

        Very compelling. I’m sure they’re totally not a bunch of r@ cist mis 0gyn ist hippie-punching m 0 r0 ns who look at elections like a beauty contest, or a reality TV show.

        you’re just waiting for folks to die-off

        LOL Well, of course. Surely you are aware that old white people are a big part of the Rep u k-k-ke base. The fact that these dinosaurs are disappearing is a big reason tthat the Re pu k-k-kes are spending so much effort on making elections even less democratic than they already are.

        Your approach to the problem is futile

        Staying silent in the face of massive waves of id i0cy *IS* the problem, you silly derpshert.

    3. Trump ends illegal payments, tells congress to make them legal or not.

      Lefties: hur dur he’s vindictive and senile and a rayc ist and a cla ssist and hur and dur!

      I will own it: either make them legal or not congress, do your jerbs and stop relying on illegal actions to plug holes.

  4. Aren’t most folks rushing to get their Design Patent Applications filed and subsequently issued to protect a specific product and prevent knockoffs? The extra year at the end seems sort of “less important” in the world of consumer goods with their 1-5 year life cycles…

  5. theres no advantage to waiting the day — you can have your early filing date cake and get your 15-year eat in a continuation.

    1. David, but you would likely get a double patenting rejection in the continuation. Wouldn’t that force you to disclaim the extra year of patent term? Unless you are proposing letting the initial application go abandoned after the continuation is filed. that would work but extra trouble and expense.

      1. ? You should not get a double patenting rejection if the parent application is abandoned after the continuation is filed. [Otherwise what you have is an incorrectly identified divisional.]

    2. Extending start dates, end of life dates and claim amendment time periods for utility patents with unlimited continuations [a la Lemelson] was the main reason why there WAS a big jump in utility applications filed before their statute was changed, unlike this minor change for design patents.

  6. Someone asked the other day who would want to pay to help people train for jerbs.

    My interbuts says Google is granting 1 billy for job training (I guess over awhile).

    link to finance.yahoo.com

Leave a Reply

Your email address will not be published. Required fields are marked *

 Notify me of followup comments via e-mail.

You can click here to Subscribe without commenting