Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for not filing a patent? Will the innovation work?

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Canadian Intellectual Property Blog

JUNE 15, 2021

Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it. These types of considerations are protectable through patents or trade secrets.

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Design or utility patent?

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. A “physical product” is still needed to file an application. Overview of current legislation in China.

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43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” Kitchen Cube filed a patent application for the Cube. 8-23-cv-01698-MEMF-ADS (C.D.

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards.

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Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development. By November 2019, EL was satisfied with the design. Question 3.

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Patent Trademark Blog

DECEMBER 7, 2023

Going naked without patent protection will simply invite competitors to steal your market share. Need to get or enforce a patent against Amazon sellers? Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales.

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The IPKat

OCTOBER 13, 2023

In the Examining and Opposition Division, the question was answered "no" because not all inventors who were named as applicants in the US priority application had assigned the priority right in the European patent applications before filing the PCT application.

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IP Watchdog

SEPTEMBER 10, 2021

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy ask the USPTO’s Drew Hirshfeld what the agency will do to enforce patent disclosure requirements at other federal agencies on patent applicants; the Fifth Circuit affirms sovereign immunity for Texas A&M’s athletic department but nixes a qualified immunity defense for (..)

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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Patent Trademark Blog

JUNE 15, 2023

Spend Too Little For Worthless Patent or Too Much for Worthless Product Much has been written about how provisional patent applications work and how you can draft one. How much should you spend on a patent before you know whether a product will be successful? Would a design patent be worth your money and time?

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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.

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Indiana Intellectual Property Law

FEBRUARY 19, 2024

D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution. Continue reading

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SpicyIP

MAY 17, 2023

However, Section 3(d) has been an issue for the big pharmaceutical companies, as an obstruction to get secondary patents on trivial variations because it blocks patents from becoming “evergreen” and gives opportunity to generic pharmaceutical firms to produce biosimilar drugs and sell them at a much lower price.

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SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Indian Patent Act restricts the patent acts of new plant breed.

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Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This information is related to the patent applications. Prior art search determines the merits of patent applications.

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SpicyIP

JULY 13, 2023

Many applicants prefer the EPO because, aside from the market, the issuance of an EPO patent carries weight in other jurisdictions as well, as we’ve frequently seen in India. Several cases have shed light on the Indian courts’ approach to considering EPO patent grants. In Agfa NV & Anr.

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Intellectual Property Office Blog

NOVEMBER 28, 2022

Or complex mounted structures designed to be used within garages. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. Find out more about what to do to prepare your patent application using our guidance.

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Dragons' Den

MARCH 2, 2023

The brothers believe they have found a niche in the market, claiming the bigger brands have lost touch with the new-age biker, who is looking for style and quality at an affordable price. After a quick search on the IPO’s ‘ find a registered design ’ page, it appears the brothers have not registered their designs.

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Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Your focus should be on the patent claims.

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LexBlog IP

MAY 4, 2023

In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation.

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SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case Summaries Delhi High Court clarifies that an improvement to the combination of prior art is patentable. Delhi High Court clarifies factors to be kept in mind while examining difference between suit design and prior art. 7 of the plaintiff’s registered design of urination device.

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U.S. Department of Commerce

DECEMBER 13, 2023

Patent and Trademark Office (USPTO) enhanced its Patent Center website interface by centralizing application processes, data, and training for patent filers. This improves all aspects of managing the 500,000+ patent applications submitted by filers each year. To learn more visit ITA on Performance.gov.

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IPilogue

OCTOBER 25, 2021

One of the most common filing strategies is to file a US provisional patent application. US provisional patents are something of an oddity, as few countries have a designated provisional application. Unlike a regular patent application, a provisional application does not require claims.

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The IPKat

OCTOBER 19, 2022

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application. An equivalent provision is also included in the Design Directive 98/71/EC.

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LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

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Patent Trademark Blog

JULY 26, 2023

It’s understandable that a startup simply does not have the financial resources to spend tens of thousands of dollars on a utility patent application, especially during the early stages. So, what would be some helpful guidelines in terms of how much a startup should spend in patenting their innovation?

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The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

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Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. Controller of Patents & Designs Patent Office Mumbai.

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The IPKat

AUGUST 25, 2022

GuestKat Nedim Malovic reported and commented on the background and reasoning of the Second Board of Appeal's decision in Case R 503/2021-2 ( Speculative Product Design LLC v. EUIPO ), in which a 3D EUTM application by Samsonite for tablet cases in class 9 was refused for registration due to lack of distinctiveness (see here ).

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Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

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LexBlog IP

OCTOBER 17, 2023

Patent and Trademark Office (USPTO) launched a new initiative, the First-Time Filer Expedited Examination Pilot Program (FTEEP), to make the patent system more accessible for inventors new to the patent application process. Navigating the patent system for the first time? non-provisional utility application.

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LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

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