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. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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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 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Is a functional product disqualified from design patent protection?

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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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Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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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

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.

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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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IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. Are they protectable by design patents? Section 4.4.2

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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. 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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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

JANUARY 18, 2023

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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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

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? That way, you are still eligible for the first-time patent petition.

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Patent Trademark Blog

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? That way, you are still eligible for the first-time patent petition.

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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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Patent Trademark Blog

MARCH 24, 2022

The word “protect” is curious in the context of IP. If you think of IP as an asset, then it makes sense. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets. If you do not apply, you will not get any patent rights.

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LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. Are they protectable by design patents?

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Patent Trademark Blog

DECEMBER 7, 2023

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? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for not filing a patent? Will the innovation work?

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Patent Trademark Blog

FEBRUARY 26, 2024

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. Non-patent lawyers cannot file patents.

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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. Whatever it may be called, one thing is clear – a direct priority application is not a national stage entry based on a PCT application.

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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.

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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. Need to file a utility nonprovisional patent application?

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Patent Trademark Blog

OCTOBER 26, 2022

The disclosure in a patent application must enable others of reasonable skill in the field to make and use your invention. In your patent application, you cannot withhold necessary information that others skilled in this area would require in order to make or practice your invention. See MPEP 2164.06

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Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

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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? Would a design patent be worth your money and time?

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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

NOVEMBER 30, 2022

You have one year from this earliest date of public disclosure to file US patent applications on your original product. Keep in mind, however, that foreign patents will not be an option in most cases due to a rule known as the absolute novelty bar. How can you patent an old product? Was it the date of your first sale?

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Patent Trademark Blog

APRIL 14, 2022

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. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

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Patent Trademark Blog

AUGUST 1, 2023

If you are seriously contemplating a food patent, make sure to keep your concept confidential if possible. For any food products that have already been launched, a US patent application must be filed within the one-year grace period. Another issue with patenting foods would be the scope of the claims.

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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. Here are some FAQs on Amazon IP policies. #3

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Patent Trademark Blog

JANUARY 12, 2023

Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled. How to Check If A Lawyer Is A Patent Attorney.

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Patent Trademark Blog

MAY 11, 2022

How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. File design patents to protect the appearance of the product. File design patents to protect the appearance of the product. How do you respond to a counterfeit claim?

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Patent Trademark Blog

MARCH 5, 2024

Call US patent attorney Vic Lin at 949-223-9623 or email your patent number to vlin@icaplaw.com to explore how we can help get your utility patent back. Keep in mind that design patents have no renewals. To revive an abandoned patent application as opposed to an issued patent, see this post.

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