Remove design-patent-process-cost
article thumbnail

Trademark on Product Design: Are these biscuit sticks functional

Patently-O

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Designs 133
article thumbnail

Guidance on Patenting Inventions with AI Contributions

Patently-O

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

Invention 126
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

TTAB Affirms Section 2(e)(5) Functionality Refusal of Serrated Knife Blade

The TTABlog

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

article thumbnail

Ninth Circuit Holds Foreign Trademark Defendants Can Be Served through USPTO

IP Tech Blog

Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. These costs and delays often dissuade plaintiffs from ever bringing well-based claims. based attorney for Jiaxing to see if the attorney would accept service of process.

article thumbnail

Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb “SMART Copyright Act”)

Technology & Marketing Law Blog

The bill would authorize the Copyright Office to designate technology as “‘designated technical measures” (DTMs) that all UGC services must implement, and copyright owners could sue any services that don’t properly implement DTMs. Remember the protections for vessel hull designs? 512 provided 5 safe harbors.

article thumbnail

Guest Post: “Design Patent Exceptionalism” Isn’t

Patently-O

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.”

article thumbnail

What’s in an Italian Patent (Innovation) Box? Patents, software and design (but no more know-how, ouch!)

The IPKat

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The Patent Box was introduced in Italy in 2015. 50 of 24.4.2017).

Designs 70