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. Practically speaking, it means that the ordinary observer knows that what designs already existed before the filing of the patented design.

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Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Overcoming Obstacles . Bottom Line. For more visit: [link].

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Patent Trademark Blog

DECEMBER 11, 2023

Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Patent agents do not litigate and, therefore, have little to no infringement experience.

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Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

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Garrigues Blog

JANUARY 12, 2022

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. When should Amazon sellers consider filing design patents? One option is to report infringement.

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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

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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Patent Trademark Blog

JULY 26, 2023

It’s understandable that a startup simply does not have the financial resources to spend tens of thousands of dollars on a utility patent application, especially during the early stages. So, what would be some helpful guidelines in terms of how much a startup should spend in patenting their innovation?

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SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.

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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

NOVEMBER 30, 2023

Before making that decision, keep in mind the 1-year grace period for filing US patents. Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore creative ways to protect your IP. Therefore, what might be unregistrable as a trademark could possibly be protectable as a design patent.

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Patent Trademark Blog

APRIL 26, 2022

Design patents, however, present a unique twist. In some cases, a design patent owner might be able to shield themselves from design patent infringement. Patentable Test vs. Design Patent Infringement Test. What changes can help avoid design patent infringement?

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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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Kashishipr

MAY 25, 2022

All in all, the advantages of conducting a patent search are as follows: The chances of patent grant increase; You get clarity in drafting a patent claim in your Patent Application ; The scope of patent protection extends; and. It helps keep track of similar patents and the status of other patent filings.

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Patent Trademark Blog

DECEMBER 7, 2023

Need to get or enforce a patent against Amazon sellers? 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? company with less than 500 employees).

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SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Cisco Wins Patent Infringement Case Leading $2.75

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Patent Trademark Blog

JUNE 15, 2023

Spend Too Little For Worthless Patent or Too Much for Worthless Product Much has been written about how provisional patent applications work and how you can draft one. How much should you spend on a patent before you know whether a product will be successful? The post Is a Patent Worth Your Money and Time?

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Patent Trademark Blog

JANUARY 18, 2024

When your product contains unique functional features, apply for a utility patent. If your product has unique aesthetic features that are nonfunctional, file a design patent application. See utility patent costs here and design patent costs here. How long will it take to get a utility patent?

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Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Trademark Blog

FEBRUARY 3, 2022

Perhaps your IP attorney will be able to build a winning infringement argument based on a second or third independent claim. Let’s assume your competitors are patent savvy. Even if they don’t understand patent infringement , they can hire IP lawyers to study your patent in order to design around it.

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Patent Trademark Blog

FEBRUARY 3, 2022

Perhaps your IP attorney will be able to build a winning infringement argument based on a second or third independent claim. Let’s assume your competitors are patent savvy. Even if they don’t understand patent infringement , they can hire IP lawyers to study your patent in order to design around it.

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The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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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 to Review a Draft Office Action Response.

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Patent Trademark Blog

DECEMBER 19, 2023

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? Ideally, you want to file your patent application before any public disclosures or sales. Doing so will enable you to file foreign patents if you choose.

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Patent Trademark Blog

MAY 11, 2022

Infringing goods might cause confusion , but do not necessarily bear an identical resemblance. How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. Some IP owners may be overly aggressive in accusing competitive products of being counterfeits.

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Patent Trademark Blog

SEPTEMBER 20, 2021

What questions should you ask when you’re unsure about filing a patent application? Making a decision about filing a patent can be a daunting task. Will you even be able to get a patent? If so, will patents help? Patents are time-sensitive. What is the value of a patent-pending product?

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Patent Trademark Blog

SEPTEMBER 5, 2023

A detailed claim comparison can help confirm whether a modified product is still patented or not. The post Patented Product or False Marking: How To Know If Your Patent Covers Your Products appeared first on Patent Trademark Blog | IP Q&A.

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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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SpicyIP

SEPTEMBER 25, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit.

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The IP Law Blog

JUNE 9, 2022

If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. A design patent has several advantages over a utility patent.

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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. 1] The asserted patents were: U.S. Patent No. 2:21-cv-08756-JWH-SHK, ECF No.

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The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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The IP Law Blog

OCTOBER 7, 2021

If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement. billion for patent infringement was reversed for just this reason. Juno sued Kite for patent infringement, alleging that Kite’s immunotherapy technology infringed Juno’s patent.

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SpicyIP

DECEMBER 12, 2022

In addition to the usual round up of our own blog posts in the last week, we also bring to you 20 case summaries and other important national and international IP developments this week. Important IP cases that we’re missing out on? Highlight of the week from the Blog. We’re also asking for your help! Image from here.

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