Legal Question in Intellectual Property in Texas

Does a bracelet (a plastic bracelet) fall under Design patent or Manufacturing patent? I am filling out a provisional patent and design isn't an option. Can I get a Manufacturing patent for a bracelet?

Asked on 12/27/11, 8:07 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC
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A provisional application is only available for utility (what you call a "manufacturing") patent application. Thus, a design patent application, which is for a non-functional ornamental design on an object, indeed does not qualify for a provisional filing.

If your bracelet meets the statutory requirements for patentability and passes muster under examination in the US Patent & Trademark Office, you can get a utility patent.

By the way, did the person or entity who turned you on to provisional applications for patent also tell you that the provisional application is not examined, never matures into an issued patent, and must be converted to a non-provisional application within one year of filing or it expires, never to be resurrected? For most people, provisional applications, in my experience, end up being a waste of time and money. Check out Title 35 of the US Code, Section 111(b). You can find that section here: http://www.gpo.gov/fdsys/pkg/USCODE-2009-title35/html/USCODE-2009-title35-partII-chap11-sec111.htm

Nancy Delain

Registered Patent Attorney

USPTO Reg. No. 56337

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Answered on 12/27/11, 8:26 pm

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