The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. GM Global Tech.

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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

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. Be careful though.

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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. But, how do you convert an idea in your mind into an actual patent?

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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IPilogue

MAY 30, 2022

Claire La Mantia is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. This lawsuit was made in response to Peloton’s claim that Lululemon’s design patents for these activewear pieces were invalid.

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Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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LexBlog IP

APRIL 12, 2022

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.

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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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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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Patent Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. As RNA-related technologies are in the spotlight in terms of attention and value, two labs were involved in a lawsuit discussing a potential infringement of patented RNA-technologies.

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Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. 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. This involves a compromise.

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43(B)log

AUGUST 5, 2021

Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. independent invention). Was more heavily used 1999-2003.

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Patent Trademark Blog

JANUARY 29, 2024

The best time to file a patent application is before you show your invention to the public or make any sales. Need to file a patent application before making a public disclosure? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. Let’s explore why.

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LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

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Patent Trademark Blog

MARCH 6, 2024

It may help to pursue design patents on any nonfunctional ornamental features of your medical device. Explore filing design patent applications on such visual features. To speed up the examination of your design patent, submit a Rocket Docket request.

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The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. ” But there are exceptions and exclusions under patent law.

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IIPRD

OCTOBER 17, 2022

Patent Infringement. The patent is a property right granted to the owner or inventor, it is given for an invention, which includes the product or even the process that provides a new way of doing something or provides an innovative solution to a problem. The post IP infringement in Metaverse first appeared on IIPRD.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

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Patent Trademark Blog

AUGUST 1, 2023

For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent?

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Patent Trademark Blog

SEPTEMBER 20, 2021

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.

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Patently-O

AUGUST 7, 2021

Mike Bohn (VLP Law Group LLP): Surviving, Pivoting, and Thriving in the Changing Global IP Marketplace. Dan Tanner (Tanner IP PLLC): The Ethics of Educating Clients about Patent Vulnerabilities – a Litigator’s Perspective.

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IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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U.S. Department of Commerce

FEBRUARY 16, 2022

Patent and Trademark Office (USPTO) and the International Trade Administration (ITA), are committed to the domestic and international success of these innovators, entrepreneurs, and minority-owned businesses, which are so critical to American competitiveness and driving economic growth. .

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LexBlog IP

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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LexBlog IP

MARCH 8, 2022

INVENTION OVERVIEW: An exciting reveal for motorsports fans. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” 1 is a top, front and side perspective view of a car, toy car replica and/or other replica showing my new design; FIG. About Design Patents.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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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. How to Tell If Your Patent Claims Are Good.

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LexBlog IP

AUGUST 14, 2023

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.

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LexBlog IP

JULY 27, 2023

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

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