The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Patents The German Bundestag has adopted amendments to the German Patent Act. Kluwer Patent Blog reported on the changes. Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”.

Blogging 85

Blogging IP Designs Design 85

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.

Design Patent 52

Design Patent Patent Infringement Designs Design 52

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.

Design Patent 52

Design Patent Designs Design Patent Application 52

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.

Marketing 119

Marketing Marketing Inventor Invention 119

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.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

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.

Patent 52

Patent Patent Infringement Licensing Litigation 52

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.

Patent Application 52

Patent Application Patent Art Designs 52

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.

Patent 78

Patent Patent Application Inventor Invention 78

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?

Patent 52

Patent Patent Application Blogging Intellectual Property 52

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?

Design Patent 52

Design Patent Designs Design Patent 52

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.

Reporting 136

Reporting Patent Law Patent Application Patent 136

Kashishipr

MARCH 16, 2022

Irrespective of what may be described by an invention or innovation, a patent only protects what is claimed, i.e., what is written in the patent claims or numbered sentences at the end of a Patent Application. In general, patents last for twenty years from the date of filing (it may vary from one country to another).

IP 98

IP Invention Intellectual Property Registering Trademarks 98

Patent Trademark Blog

DECEMBER 13, 2023

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. Furthermore, design patent applications enjoy a high rate of success with an approximate 84% approval rate.

Design Patent 52

Design Patent Patent Designs Design 52

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.

Patent 52

Patent Patent Application Cease and Desist Trademark 52

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?

Design Patent 52

Design Patent Patent Patent Application Designs 52

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].

IP 105

IP Patent Invention Licensing 105

Patent Trademark Blog

MARCH 22, 2022

When should Amazon sellers consider filing design patents? Ideally, you should consider filing a design patent application before launching your product. Filing before any public disclosure can help you win the race to the Patent Office and keep your foreign filing options open.

Design Patent 81

Design Patent Designs Design Patent 81

Patent Trademark Blog

NOVEMBER 30, 2023

Therefore, what might be unregistrable as a trademark could possibly be protectable as a design patent. Critical Timelines When You File a Rejected Trademark as a Design Patent A one-year grace period applies to filing any US patent applications on a product that has already been publicly disclosed or sold.

Design Patent 52

Design Patent Designs Design Trademark 52

Patent Trademark Blog

DECEMBER 7, 2023

For roughly $1,500 , you can file a US design patent application as a small entity (e.g., Additional costs will apply after initial filing, such as paying the issue fee if and when your design patent application is allowed. If getting a patent as soon as possible is your primary concern, you must consider design patents.

Design Patent 52

Design Patent Patent Designs Design 52

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?

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

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.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

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.

Patent Application 52

Patent Application Art Patent Invention 52

Patent Trademark Blog

APRIL 27, 2023

What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. Design patent infringement would not be covered under this program. Utility patents with complex claims might not be appropriate for APEX. appeared first on Patent Trademark Blog | IP Q&A.

Branding 89

Branding Brands Branding Design Patent 89

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.

Litigation 52

Litigation Patent Design Patent Patent Application 52

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?

Design Patent 40

Design Patent Patent Patent Application Invention 40

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.

Patent 40

Patent Designs Design Patent Application 40

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.

Business 52

Business Patent Design Patent Designs 52

Patent Trademark Blog

FEBRUARY 3, 2022

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. What’s your next move if they do indeed design a new product in an attempt to circumvent your patent?

Patent 52

Patent Patent Application IP Designs 52

Patent Trademark Blog

FEBRUARY 3, 2022

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. What’s your next move if they do indeed design a new product in an attempt to circumvent your patent?

Patent 52

Patent Patent Application IP Designs 52

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.

Patent 52

Patent Design Patent Licensing Patent Application 52

More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. The post Patents and Cannabis appeared first on Patent Law Blog.

Patent 52

Patent Invention Patent Infringement Blogging 52

Intepat

MAY 22, 2023

A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application. In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention.

Inventor 52

Inventor Invention Patent Patent Application 52

SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

Patent 97

Patent Invention Litigation Law 97

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

SpicyIP

SEPTEMBER 25, 2023

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. Wondering what IP developments took place last week?

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

LexBlog IP

MARCH 17, 2022

The FTO analysis typically includes search results for issued patents and published patent applications that cover technologies similar to the company’s technology and an assessment of any patent infringement litigation risk those patent matters may present.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution Marketing 52

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. Highlight of the week from the Blog. Road bumps could power electric vehicles of the future, BMW’s 2021 patent application shows.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105