LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc.

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Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Is it Prior Art?

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

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LexBlog IP

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. The design must be a design for a specific article; it cannot exist independently of the article.

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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. The design must be a design for a specific article; it cannot exist independently of the article.

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Patent Trademark Blog

MAY 16, 2024

With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product. Add a Rocket Docket request to speed up the examination of your application and get your design patent possibly granted within one year. Should you do a novelty patent search?

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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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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

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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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LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Design or utility patent?

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

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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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Patently-O

JANUARY 13, 2023

Prior Patently-O coverage of this appeal is available here.) My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. 100480, “Insulating fabrics.”).

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Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g., How much are the PCT government fees?

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Asserted Prior Art – Dick Blick “Stump” Art Tool. 2020-1940 (Oct. 2020-1940 (Oct. 3d 1334 (Fed.

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Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

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LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. It’s all about the content.

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Patent Trademark Blog

FEBRUARY 9, 2023

Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. Do-It-Yourself (DIY) a wise option?

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Kashishipr

JULY 28, 2021

However, it does not include within itself those equivalents that belong to the state of the art to arbitrarily extend the scope of the patent. ” The said doctrine is limited in scope through the application of different tests that are later discussed in this article. Concluding Remarks.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? have begun to launch products and solutions related to the ever developing Metaverse.

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Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval.

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Patent Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Trademark Blog

AUGUST 1, 2023

Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent? Call patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can patent your food concept.

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The IPKat

AUGUST 1, 2023

Priority claims for IP rights allow obtaining an earlier priority date for an IP application based on an earlier IP application in another country. For member states of the Paris Convention, Art. For member states of the Paris Convention, Art. 41(1) CDR provides a six months priority period only for utility models.

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Patent Trademark Blog

MARCH 24, 2022

We’ll cover some basics on timing and costs for the most common applications for intellectual property protection. How to protect your products with trademarks. Trademarks are relatively straightforward. So you need to choose a trademark and identify the goods or services to be sold under the mark.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China. Article 2.4

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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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Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

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LexBlog IP

APRIL 4, 2023

Interesting Patents | Electronic arts | Tuesday, april 4, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Patent Trademark Blog

MARCH 13, 2024

Utility patents are generally more complicated to review than design patents. Avoiding infringement of a utility patent requires that each independent claim be analyzed, and there might be several. Noninfringement of a design patent boils down to the appearance. Consider ways to design around the patent.

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