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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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

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Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. 3d 665 (Fed.

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Design Patent Art Designs Design 80

LexBlog IP

APRIL 14, 2022

The USPTO may issue a patent to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to certain conditions and requirements. The claims of a patent application are the protectable aspects of the invention once a patent registration issues.

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Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.

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Patent Trademark Blog

MAY 11, 2022

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. But, what if you don’t own any patents and it’s too late to file a patent application ?

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43(B)log

AUGUST 31, 2021

However, POWERbahn provided no evidence that they were actually false (even if pending patent infringement claims could show patent infringement)—it didn’t show that the KICKR flywheel didn’t “use[ ] new algorithms to improve responsiveness” or that the KICKR CORE does not use advanced algorithms that “originated with the iconic KICKR smart trainer.”

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IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Anything we are missing out on? Please let us know in the comments below.

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SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. They also cited several prior art documents to allege that the plaintiff’s patent was invalid.

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SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Christian Louboutin Sas & Anr v.s

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

April Park assists her clients with all aspects of patent infringement matters before the U.S. Oliver Richards has experience in cases involving integrated circuit design and fabrication, wireless standards, graphical user interfaces, and encryption technologies. In 2015, Joy received her J.D. in history. Jared also has an M.S.

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IP and Legal Filings

SEPTEMBER 13, 2022

Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search. Hence, the software has to be a new invention to be patentable.

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Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design. Question 3.

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Patent Law Law Patent Patent Application 76

SpicyIP

FEBRUARY 19, 2024

The High Court held that this was an abuse of court’s process and allowed the Plaintiff to present an appropriate application before the Commercial Court setting out the grievances against the Defendant. Secondly, sufficient analysis has not been provided in relation to the prior art mentioned in the order of the controller.

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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. How long will it take to get a utility patent?

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Patent Trademark Blog

JUNE 8, 2023

Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer? The patent application process is inherently challenging. treats the procurement and enforcement of patents, so certain things may simply be out of your patent lawyer’s control.

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Patent Trademark Blog

MARCH 30, 2022

Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility patent applications, rejections come with the territory. Expect at least one Office Action in your nonprovisional patent application. How will such a claim amendment affect your potential patent rights?

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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

MARCH 13, 2022

Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Josh Norem: Apple Patent Application Envisions a Mac Inside a Keyboard (Source: Extreme Tech). Landers: The Problem of Design Patents: Representation and Subject Matter Scope (Source: SSRN).

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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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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

1, 2020) , Petitioner Sotera petitioned for IPR nearly twelve months after Patent Owner Masimo filed a patent infringement suit against Sotera in the Southern District of California. any ground that could be raised under §§ 102 or 103 on the basis of prior art patents or printed publications).”. Back to Top.

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