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What are the requirements for getting a design patent?

Patent Trademark Blog

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected.

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. What is the cost to file a US design patent application with a priority claim?

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How can I use design patent rocket docket?

Larson & Larson

Patent applications are critical to innovation and intellectual property protection, yet they can often be expensive, complex, and time-consuming to process. Fortunately, there is an increasingly popular alternative: the Design Patent Rocket Docket. This docket can dramatically reduce the time it takes to process a design patent application, making it easier for inventors to protect their valuable intellectual property.

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Can you file a design patent continuation application?

Patent Trademark Blog

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. So it is possible to file a design patent continuation application as long as the parent application is still pending. What is not allowed in a continuing design patent application?

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What do dashed lines in a design patent mean?

Patent Trademark Blog

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. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.

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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. Columbia’s Design Patent No.

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IP Protection for a GUI – Part 1 of 2: Design Patents

LexBlog IP

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Examples of Actual GUI Design Patents.

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How to Patent a Design

Patent Trademark Blog

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

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Suffolk University Law School IP Center, Fourth Annual Intellectual Property & Innovation Conference

43(B)log

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process.

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Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

LexBlog IP

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). Two plaintiffs [1] asserted the animated GUI design patents referenced above. Patent No. Patent No.

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Black Inventors and Entrepreneurs – Past, Present, and Future

U.S. Department of Commerce

Black Inventors and Entrepreneurs – Past, Present, and Future. Patent and Trademark Office and the International Trade Administration. It is also an opportunity to spotlight some of the many inspiring stories and successes of Black inventors and Black-owned businesses.

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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. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. ,

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3 Types of Patents Inventors Need to Know

Larson & Larson

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. Utility Patent.

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SpicyIP Weekly Review (August 30 – September 5)

SpicyIP

A US court in Alexandria, Virginia has ruled that a computer using artificial intelligence cannot be recognized as an ‘inventor’ under US law, because only an individual can be an inventor. The End of the IPAB and Lessons on Concentration of Judicial Powers.

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China Accedes to the Hague Convention and Now Allows for International Design Filings

IP Tech Blog

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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What happens if your patent is rejected?

Patent Trademark Blog

Will your patent be rejected? 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.

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Fed. Circ. Axes Inventor's $1.25M IP Win Under On-Sale Bar

IP Law 360

The Federal Circuit wiped out inventor Larry Junker's $1.25 million win against two medical device companies, finding Thursday that his patented catheter insertion design was unenforceable because it was offered for sale more than a year before he applied for the design patent

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

More Than Your Mark

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. 3-D Printing and Copyrights, Patents, or Trademarks. Patents.

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Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

More Than Your Mark

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions.

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Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

JD Supra Law

Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention if it has been for sale for over one year prior to the patent filing.

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How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. What patent review comments would help your patent attorney draft a better patent application? What types of patent review comments are less important?

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How To Patent An Idea: What You Need To Know About the Patent Application Process

Patent Trademark Blog

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. When do you need to patent an idea?

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The Difference between Utility, Design, and Plant Patents

TraskBritt Intellectual Property

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents.

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Ho, Ho, Ho and Fa-La-La-La-La: Christmas Patents

The IP Law Blog

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. patent no. Or, as the patent describes, the parent can secretly pull the cord and turn on the light.)

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Obtaining a Patent: The Why, What and How

Larson & Larson

What is a Patent? Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Robert Easton, the mastermind behind GPS, obtained a patent for the technology and intellectual property behind his invention in 1974. Patents

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Interesting Patents | MARCH 8, 2022

LexBlog IP

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.

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June 6, 2022 Patent of the Day

LexBlog IP

June 6, 2022 Patent of the Day. Among the thousands of people who contributed to its success was inventor Andrew Higgins. Higgins was a boat builder and his low draft boat hull design, patented in 1939, (U.S. Patent No. Patent No. Posted in Patent of the Day.

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Understanding the Patent Process

LexBlog IP

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. Generally speaking, patenting an invention requires filing a patent application with the United States Patent and Trademark Office (USPTO). Below is helpful information about patenting an invention.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided.

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

Patent Trademark Blog

What questions should you ask when you’re unsure about filing a patent application? Making a decision about filing a patent can be a daunting task. Will you even be able to get a patent? If so, will patents help? Let’s walk through a few preliminary questions about filing a patent that will hopefully reduce uncertainty and bring you closer to a decision. Patents are time-sensitive. How much is your budget for obtaining a patent?

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Keep it secret or file a patent?

Patent Trademark Blog

Patent your idea or keep it secret? Keep it secret or file a patent ? 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.

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How long does it take to get a patent in 2021? And what about COVID-19?

TraskBritt Intellectual Property

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance.

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How To File A US Utility Nonprovisional Patent

Patent Trademark Blog

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.

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Patents help protect novel inventions

Texas Intellectual Property Law Blog

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce. The types of items that can be patented are very specific. A patent is for the design of a brand-new invention. Most products are protected by one of five types of utility patents.

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Patents help protect novel inventions

Texas Intellectual Property Law Blog

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce. The types of items that can be patented are very specific. A patent is for the design of a brand-new invention. Most products are protected by one of five types of utility patents.

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Proving Printed Publications

Patently-O

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. PatentEx parte Zhang , Reexam No. 90/014,234, 2021 WL 633718 (PTAB).

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Ho, Ho, Ho and Fa-La-La-La-La: Christmas Patents

LexBlog IP

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. patent no. Or, as the patent describes, the parent can secretly pull the cord and turn on the light.)

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District Court Dismiss Inequitable Conduct Claim Alleging Inferred Knowledge of Prior Art Based on Wide Spread Availability

The IP Law Blog

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Inequitable conduct is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Patent Law Intellectual Property IP Law patent infringement

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Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Scenario 2: Protecting Novel Designs by Patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

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IP infringement in Metaverse

IIPRD

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. Introduction.

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Patents and Trade Secrets – to Disclose or Conceal?

More Than Your Mark

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. Besides this superficial similarity, patents and trade secrets are different, both in the kinds of ideas they can protect and in the responsibilities of the owner of the patent or trade secret. Contact Norris McLaughlin about Patents and Trade Secrets.

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Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. Scenario 2: Protecting Novel Designs by Patent. 5] Home Design Servs.,

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An Overview of Utility Patents in the United States

Fish & Richardson Trademark & Copyright Thoughts

What is a utility patent? [1]. The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” [i] i] Utility patents are the most prevalent type of patent.