Design Patent, Invention, Ownership and Patent

TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

Design Patent

Design Patent Designs Design Trademark

Pending patent legislation:

Patently-O

OCTOBER 18, 2021

2891 – Restoring the America Invents Act. Substantial changes to the IPR system to favor the patent challenger. 2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle.

Patent

Patent Ownership Settlement Branding

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

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

Trademark

Trademark Patent Invention Intellectual Property

What are the intellectual property rights for startups?

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. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional. And so, the Board affirmed the refusal to register.

Designs

Designs Design Ownership Design Patent

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property

Intellectual Property Designs Design Invention

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional. And so, the Board affirmed the refusal to register.

Designs

Designs Design Ownership Design Patent

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

JUNE 30, 2022

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. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Utility and Design Patents.

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property

Intellectual Property Design Patent Designs Design

How to Protect Software as Intellectual Property

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Non-disclosure Agreements (NDAs) for Ownership. A trademark cannot be used to protect an invention, coding, or software program.

Intellectual Property

Intellectual Property Patent Application Invention Branding

What is intellectual property (IP)?

Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. When it comes to new ideas, we’re talking about inventions. Yes, you certainly can.

Intellectual Property

Intellectual Property IP Confidentiality Patent Application

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

JUNE 30, 2022

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. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Utility and Design Patents.

Intellectual Property

Intellectual Property IP Invention Designs

When Will My Patent Expire? – Calculating Your Patent Term – A Review

More Than Your Mark

JULY 16, 2018

The term of a patent defines the time during which the patent is in force and infringing activities may be acted upon. Factors to Consider for Patent Term Calculations. 120, 121 or 365(c); timely payment of maintenance fees; terminal disclaimer(s); patent term adjustments under 35 U.S.C. The Standard Patent Term.

Patent

Patent Design Patent Patent Law Designs

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

IP infringement in Metaverse

IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Patent Infringement. With the growing number of patent applications, the risk is also increasing.

IP

IP Non-Fungible Tokens Intellectual Property Trademark

IPSC Panel 9 – Crosscutting IP

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. independent invention). Was more heavily used 1999-2003.

IP

IP Invention Designs Design

WIPIP, Concurrent Session #1, Design

43(B)log

FEBRUARY 3, 2023

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. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

Designs

Designs Design Design Patent Branding

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection. In the second part, Harrison gradually unfolds the case.

Intellectual Property

Intellectual Property Editing Privacy Moral Rights

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP

IP Copyright Trademark Intellectual Property

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

Intellectual Property

Intellectual Property Technology Journalism IP

Intellectual Property Pulse

TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

Pending patent legislation:

Trending Sources

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

What are the intellectual property rights for startups?

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration

Which Type of Intellectual Property Protection Do I Need?

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

How to Protect Software as Intellectual Property

What is intellectual property (IP)?

Which Types of IP (Intellectual Property) Protection Do Artists Need?

When Will My Patent Expire? – Calculating Your Patent Term – A Review

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

IP infringement in Metaverse

IPSC Panel 9 – Crosscutting IP

WIPIP, Concurrent Session #1, Design

Book Review: Overlapping Intellectual Property Rights (Second Edition)

A Look Back at India’s Top IP Developments of 2023

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

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