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What is subject matter eligibility?

Patent Trademark Blog

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

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Should you protect your product with a design patent?

Patent Trademark Blog

Just because a product has functional features does not mean it is automatically ineligible for design patent registration. The key is understanding what a design patent protects. While functional features may exist, you can still file a design patent application to focus on the ornamental features.

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How to Protect and Trademark Your Clothing Brand

Patent Trademark Blog

Graphic designs on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. To protect the appearance of an article of clothing with such unique features, consider filing design patents. Patent agents cannot file trademark applications.

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Can you file a design patent continuation application?

Patent Trademark Blog

US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed.

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How to Patent a Design

Patent Trademark Blog

If after further consideration you think a utility patent would be more appropriate, here’s a helpful post on filing a utility nonprovisional patent application. 2D or 3D design, or both? Are you trying to register a GUI or two-dimensional graphic design as displayed on a product?

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