Patent Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Trademark?

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Patent Trademark Blog

JANUARY 29, 2024

The best time to file a patent application is before you show your invention to the public or make any sales. Need to file a patent application before making a public disclosure? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us.

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IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Patent Trademark Blog

MARCH 24, 2022

How to protect your products with trademarks. Trademarks are relatively straightforward. To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. How to protect your innovation with patents.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ). It was a revolutionary provision.

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Patent Trademark Blog

MARCH 6, 2024

It may help to pursue design patents on any nonfunctional ornamental features of your medical device. Explore filing design patent applications on such visual features. To speed up the examination of your design patent, submit a Rocket Docket request.

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Patent Trademark Blog

AUGUST 1, 2023

Nonetheless, innovative foods can be patentable. 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? Can you secure a food design patent?

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Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. This is a design patent SAD Scheme case. Despite that, as we saw above, courts may not adequately superintend patent joinder standards at the ex parte TRO stage.

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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. This involves a compromise.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. This blog states the key differences between the two which may help you to do the same. They have different provisions and benefits for registration although it is easy to be confused between the two.

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More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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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. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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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. How to Tell If Your Patent Claims Are Good.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can provide for patent rights?

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ). It was a revolutionary provision.

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Patent Trademark Blog

SEPTEMBER 20, 2021

Let’s walk through a few preliminary questions about filing a patent that will hopefully reduce uncertainty and bring you closer to a decision. Did you first publicly disclose or sell your invention more than a year ago? In some cases, they may have even shown their invention to others or sold their products.

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Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable.

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U.S. Department of Commerce

FEBRUARY 16, 2022

Joint blog by the U.S. Patent and Trademark Office and the International Trade Administration. Intellectual property (IP) protection is a key asset to help entrepreneurs raise capital, commercialize their inventions, and provide even more innovative solutions to some of the world’s biggest problems. February 16, 2022.

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. “The falsity of Crocs’ advertising is that Croslite is simply not patented—neither to Crocs nor to anyone else. Crocs largely prevailed in those actions. ” Dawgs appealed.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

As of 2016, the United States Patent and Trademark Office estimated that 90% of the issued patent documents are utility patents. [ii] ii] To illustrate, a utility patent (or multiple patents) could be obtained claiming a new type of wheel for a car, including methods of using the wheel.

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Patent Trademark Blog

JUNE 20, 2023

Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. Unlike design patents, a great deal of writing and strategy is involved in preparing a solid utility patent application. Need a flat rate patent and trademark attorney?

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Patent Trademark Blog

JUNE 28, 2021

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. The priority date is earliest filing date of the foreign application by the applicant for the particular invention. What is a conventional priority claim?

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LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

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Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. How should you review patent drawings? Patent drawings enable you to claim features that help distinguish your invention from the prior art.

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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. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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More Than Your Mark

SEPTEMBER 3, 2021

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. The Price of Exclusion by Patent – Disclosure to the Public. appeared first on Patent Law Blog.

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LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. § 171). . §

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SpicyIP

NOVEMBER 15, 2022

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Registrar of Trademarks. permanent injunction against the Respondent from using the trademark and trade dress similar to the Plaintiff’s ‘Yellow Diamond’ mark and trade dress. Did we miss anything big? Let us know in the comments below!

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Biswajit Sarkar Copyright Blog

JULY 13, 2022

Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands. Intellectual property (IP) rights are the legal protections for the intangible inventions of the human mind. TRADEMARK. A trademark of this nature can aid in the marketing of a brand using its name.

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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.

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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.

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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.

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Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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Patent Trademark Blog

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? When do you need to patent an idea? Patent deadlines are critical. Apply for design or utility patent? How much to patent an idea?

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Patent Trademark Blog

MARCH 14, 2022

We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions. Do you want to file a utility or design patent application, or possibly both? Can we tell you if your invention is patentable?

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