Remove Design Patent Remove Intellectual Property Remove Litigation Remove Patent Prosecution
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Build a Consumer Base with Innovation; Protect Sales with Design Patents

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Freedom to Operate Opinions: What Are They, and Why Are They Important?

LexBlog IP

A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Intellectual Property , Patents.

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Form versus Function – Protecting Products with Design and Utility Patents

More Than Your Mark

Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent examination in the U.S. Form versus Function.

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In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

IP Watchdog

From this finding, the Surgisil court appears to extrapolate a symmetry by which a design for an artist’s stump is both ineligible for citation against Applicant’s lip implant in patent prosecution and also not covered in a putative enforcement of Applicant’s design.

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Landers: The Problem of Design Patents: Representation and Subject Matter Scope (Source: SSRN). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN). New Job Postings on Patently-O: McKee Voorhees and Sease. Husch Blackwell – Intellectual Property Staff Attorney. Source: USPTO. NYU Langone.

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WIPIP, Concurrent Session #1, Design

43(B)log

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Herman Miller litigated even against “Eames style.” In the 1960s, preemption was big (Sears v. Compco, etc.)

Designs 59
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Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Intellectual Property Considerations.