article thumbnail

What is subject matter eligibility?

Patent Trademark Blog

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

article thumbnail

How to Protect and Trademark Your Clothing Brand

Patent Trademark Blog

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. Non-patent lawyers cannot file patents.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Should you protect your product with a design patent?

Patent Trademark Blog

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. The key is understanding what a design patent protects.

article thumbnail

How to Handle a Trademark Rejection: File a Design Patent Instead?

Patent Trademark Blog

Before making that decision, keep in mind the 1-year grace period for filing US patents. Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore creative ways to protect your IP. Design patents, however, are typically three-dimensional.

article thumbnail

New USPTO Design Patent “Bar” to be Created in 2024

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

article thumbnail

Can you file a design patent continuation application?

Patent Trademark Blog

US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed.

article thumbnail

How to Patent a Design

Patent Trademark Blog

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? Then you’ll be ready to move forward with a proper strategy for protecting your IP. 2D or 3D design, or both? There is one exception for design filings.

Designs 52