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. How to protect your products with trademarks.

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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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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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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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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. That’s understandable.

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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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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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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

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.

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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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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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Patent Trademark Blog

AUGUST 1, 2023

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? Can you secure a food design patent?

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IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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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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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. As the U.S. Again, it depends. What are you trying to protect?

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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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Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. This is a design patent SAD Scheme case. Despite that, as we saw above, courts may not adequately superintend patent joinder standards at the ex parte TRO stage.

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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. Now eight months later, I went back to check on the state of this reform.

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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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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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U.S. Department of Commerce

FEBRUARY 16, 2022

Patent and Trademark Office and the International Trade Administration. Intellectual property (IP) protection is a key asset to help entrepreneurs raise capital, commercialize their inventions, and provide even more innovative solutions to some of the world’s biggest problems. February 16, 2022. KCPullen@doc.gov.

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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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LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Non-disclosure Agreements (NDAs) for Ownership.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

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Biswajit Sarkar Copyright Blog

JULY 13, 2022

Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands. Intellectual property (IP) rights are the legal protections for the intangible inventions of the human mind. TRADEMARK. IP rights often cause a brand’s reputation to change.

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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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LexBlog IP

MARCH 8, 2022

Interesting Patents. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. About Design Patents.

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Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. How should you review patent drawings? Patent drawings enable you to claim features that help distinguish your invention from the prior art.

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Patent Trademark Blog

JUNE 20, 2023

Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. Unlike design patents, a great deal of writing and strategy is involved in preparing a solid utility patent application. Need a flat rate patent and trademark attorney?

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LexBlog IP

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. Now eight months later, I went back to check on the state of this reform.

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IP Intelligence

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. In plain speak, the Russian government ostensibly used its invasion of Ukraine to declare war on patents from the 47 “unfriendly” countries, including the United States.

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Patent Trademark Blog

JUNE 28, 2021

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. The priority date is earliest filing date of the foreign application by the applicant for the particular invention. What is a conventional priority claim?

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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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