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Build a Consumer Base with Innovation; Protect Sales with Design Patents

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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

Larson & Larson

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.

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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? Patents are time-sensitive. How much is your budget for obtaining a patent?

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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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work with the U.S. A patent protects an invention. As the U.S.

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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”). What does it mean to be “novel” and “non-obvious”?