Remove Design Patent Remove Invention Remove Inventor Remove Patent Infringement
article thumbnail

No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

LexBlog IP

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. A nexus is presumed if a product that is the subject of objective indicia evidence, such as commercial success, is coextensive with the claimed invention. In Campbell Soup Co. 4th 1268 (Fed.

article thumbnail

When Is Trade Secret Protection the Right Choice?

The IP Law Blog

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Patent Protection vs. Trademark Protection – What’s the Difference?

Larson & Larson

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

article thumbnail

When Is Trade Secret Protection the Right Choice?

LexBlog IP

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” § 273.

article thumbnail

What Questions to Ask if You Are Not Sure About Filing a Patent

Patent Trademark Blog

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.

article thumbnail

What is a patentability search and why should I have one conducted?

LexBlog IP

A patentability search allows a patent practitioner to assess the likelihood of successfully obtaining a patent with the United States Patent and Trademark Office (“USPTO”). The claims of a patent application are the protectable aspects of the invention once a patent registration issues.

article thumbnail

The Scope of Comparison Prior Art in Design Patent Infringement

Patently-O

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. by Dennis Crouch.