Design Patent, Designs, Invention and Ownership

WIPIP, Concurrent Session #1, Design

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs

Designs Design Design Patent Branding

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

Intellectual Property

Intellectual Property Designs Design Invention

TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

Design Patent

Design Patent Designs Design Trademark

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs

Designs Design Ownership Design Patent

Patent Protection vs. Trademark Protection – What’s the Difference?

Larson & Larson

JULY 13, 2023

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

Trademark

Trademark Patent Invention Intellectual Property

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs

Designs Design Ownership Design Patent

Pending patent legislation:

Patently-O

OCTOBER 18, 2021

2891 – Restoring the America Invents Act. Substantial changes to the IPR system to favor the patent challenger. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle.

Patent

Patent Ownership Settlement Branding

What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so.

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property

Intellectual Property Design Patent Designs Design

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents. Patents are one of the most confusing types of IP law, and justifiably so. There are two types of patents.

Intellectual Property

Intellectual Property IP Invention Designs

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. In the second part, Harrison gradually unfolds the case.

Intellectual Property

Intellectual Property Editing Privacy Moral Rights

How to Protect Software as Intellectual Property

LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program. A valuable patent covers more than an exact rendition of your back-end. User Interfaces may be protectable with Design Patents as well. Trade Secrets for Discrete Information.

Intellectual Property

Intellectual Property Patent Application Invention Branding

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP

IP Copyright Trademark Intellectual Property

What is intellectual property (IP)?

Patent Trademark Blog

MARCH 18, 2022

When it comes to new ideas, we’re talking about inventions. And inventions can be protected with patents. Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. They only protect specific expressions.

Intellectual Property

Intellectual Property IP Confidentiality Patent Application

IPSC Panel 9 – Crosscutting IP

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. independent invention). What if rules are largely written by the regulated parties?

IP

IP Invention Designs Design

IP infringement in Metaverse

IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Patent Infringement. With the growing number of patent applications, the risk is also increasing.

IP

IP Non-Fungible Tokens Intellectual Property Trademark

When Will My Patent Expire? – Calculating Your Patent Term – A Review

More Than Your Mark

JULY 16, 2018

Factors to Consider for Patent Term Calculations. 120, 121 or 365(c); timely payment of maintenance fees; terminal disclaimer(s); patent term adjustments under 35 U.S.C. patent term extensions under 35 U.S.C. patent examiner. Thus, the standard patent terms may be reduced by terminal disclaimer(s).

Patent

Patent Design Patent Patent Law Designs

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

Technology

Technology Patent IP Invention

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

6 The potential impact of solid-state batteries on the EV industry in particular is huge, as they hold significantly more energy and charge in less time than traditional lithium-ion batteries, thereby eliminating one of the perceived drawbacks of EV ownership. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

Intellectual Property

Intellectual Property Technology Journalism IP

Intellectual Property Pulse

WIPIP, Concurrent Session #1, Design

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Trending Sources

TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

Patent Protection vs. Trademark Protection – What’s the Difference?

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

Pending patent legislation:

What are the intellectual property rights for startups?

Which Type of Intellectual Property Protection Do I Need?

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Book Review: Overlapping Intellectual Property Rights (Second Edition)

How to Protect Software as Intellectual Property

A Look Back at India’s Top IP Developments of 2023

What is intellectual property (IP)?

IPSC Panel 9 – Crosscutting IP

IP infringement in Metaverse

When Will My Patent Expire? – Calculating Your Patent Term – A Review

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

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