Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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IPilogue

MAY 30, 2022

Claire La Mantia is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. This lawsuit was made in response to Peloton’s claim that Lululemon’s design patents for these activewear pieces were invalid.

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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Patent Trademark Blog

DECEMBER 13, 2023

What patents will help you remove infringing Amazon listings? Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain.

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Patent Trademark Blog

DECEMBER 5, 2023

Whether you are the patent owner or an Amazon seller selling me-too products, you must keep a close watch on whether any sales on the e-commerce platform are infringing any patents. Even simple products can infringe design patents. Need to fight an Amazon neutral patent evaluation case?

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Patent Trademark Blog

JANUARY 25, 2024

Amazon Report Infringement Form: Start Here Patent owners should take advantage of Amazon’s online form for reporting infringement. Amazon will email the status of your report of infringement to the email address you provided. IP owners have the option of retracting a previously submitted report of infringement.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Patent Trademark Blog

APRIL 27, 2023

By getting into the Brand Registry, you are now in Amazon’s system which provides you with various options for enforcing your IP rights against competing sellers. What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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Patent Trademark Blog

FEBRUARY 15, 2024

What is utility patent infringement? When it comes to utility patents, what modifications would help your products avoid infringement? Let’s delve into how to win the noninfringement argument for utility patents. For design patents, see my post on design patent infringement.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ).

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Patent Trademark Blog

NOVEMBER 16, 2023

You need to login to your Brand Registry account and submit the proper request to escalate your patent infringement case. Make sure you specify that your patent is a utility or design patent. What if your patent escalation request is rejected? For utility patents, you want APEX.

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Patent Trademark Blog

MAY 11, 2022

How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks. File design patents to protect the appearance of the product.

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

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Patent Trademark Blog

MAY 31, 2023

Call patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help protect your IP rights. You undertake a certain risk anytime you send a letter accusing the recipient of infringement. How can an accused infringer sue the IP owner? Should you send a C&D letter?

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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. The post Is a Patent Worth Your Money and Time?

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. If infringing products are being sold on Amazon, you have some options. At the outset, you can report the infringing product listings using Amazon’s report infringement form.

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Patent Trademark Blog

FEBRUARY 9, 2022

A patent prosecutor is essentially a patent application attorney who files utility and design patent applications with the USPTO. Are patent litigators required to be registered to practice before the USPTO? Patent litigators are not necessarily registered patent attorneys.

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ).

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Patent Trademark Blog

SEPTEMBER 20, 2021

To be safe, make sure to file your US patent applications well in advance of the 1-year deadline since it is a race to the Patent Office. Would a design patent or utility patent be appropriate for your invention?

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention. As the U.S.

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LexBlog IP

MARCH 3, 2023

In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S.

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Patent Trademark Blog

JUNE 8, 2023

Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? Perhaps there was nothing wrong with your patent lawyer, but time has flown by. One potential benefit of staying with the same IP firm is that you might be able to keep the same costs.

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LexBlog IP

MARCH 6, 2023

This post was originally published on Seyfarth’s The Blunt Truth blog. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here.

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Patent Trademark Blog

JUNE 20, 2023

Before asking about price, you need to understand what you are getting in a utility patent application. Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. Suppose you receive competing bids from two different patent attorneys. How do you choose?

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Patent Trademark Blog

JANUARY 4, 2022

What are the ways to defend an Amazon neutral patent evaluation? Amazon’s neutral patent evaluation technically offers three ways to defend a utility patent infringement claim. One way is to show a prior decision by a court or the US International Trade Commission (ITC) that the asserted patent claim is invalid.

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Patently-O

JANUARY 23, 2024

As Professor Eric Goldman noted in this blog post , “it would not be lightly awarding sanction when a plaintiff has committed so many violations.” They did not ignore demand letters or refuse to negotiate or discuss alleged infringement.” Two additional points stand out as well. As Judge Kendall noted in a recent order , 35 U.S.C. §

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SpicyIP

JANUARY 23, 2023

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Other Posts COVID-19 Vaccine Patent Infringement?

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LexBlog IP

MARCH 17, 2022

The FTO analysis typically includes search results for issued patents and published patent applications that cover technologies similar to the company’s technology and an assessment of any patent infringement litigation risk those patent matters may present. appeared first on DW Intellectual Property Blog.

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The IP Law Blog

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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