Remove Design Patent Remove IP Remove Patent Infringement Remove Patent Law
article thumbnail

Obviousness Test for Design Patents Unchanged

The IP Law Blog

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements.

article thumbnail

What is a Design Patent?

The IP Law Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

IP Intelligence

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

article thumbnail

Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

LexBlog IP

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Patent Act has been provided. Design Patent No.

article thumbnail

When Is Trade Secret Protection the Right Choice?

The IP Law Blog

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. While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO.

article thumbnail

Is a Patent Worth Your Money and Time?

Patent Trademark Blog

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Would a design patent be worth your money and time?

article thumbnail

When Is Trade Secret Protection the Right Choice?

LexBlog IP

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. And with patents, the only protection arises when the USPTO issues a patent on an invention.