Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.

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LexBlog IP

JUNE 9, 2022

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.

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The IP Law Blog

JUNE 9, 2022

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.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. GM Global Tech.

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Asserted Prior Art – Dick Blick “Stump” Art Tool. In this decision, captioned In re: SurgiSil, L.L.P.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. A nexus is presumed if a product that is the subject of objective indicia evidence, such as commercial success, is coextensive with the claimed invention. In Campbell Soup Co. 4th 1268 (Fed.

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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. This involves a compromise.

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Patent Trademark Blog

MARCH 6, 2024

Contact US patent attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can patent your medical device. Should you search prior art patents on medical devices? The medical device prior art tends to be quite crowded, meaning that broad patent claims will be challenging to obtain.

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Patently-O

JANUARY 20, 2023

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.

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Patently-O

JUNE 2, 2024

According to the Federal Circuit “In applying Graham factor one, the scope and content of the prior art, a primary reference must be identified.” First, and perhaps most importantly, the Federal Circuit’s decision in LKQ is a clear repudiation of the Frankenart approach to design patent obviousness. 2d 207 at 208.

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Patently-O

JULY 13, 2021

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. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. 3d 1308 (Fed.

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Patent Patent Application Design Patent Designs 98

The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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Patent Trademark Blog

AUGUST 1, 2023

For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent?

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Patently-O

OCTOBER 7, 2022

The examiner found some great prior art from 2013, which predates this particular design application filing date. But, the design patent also claimed priority to Zahner’s prior utility patent application (Serial No. The basic problem, can be seen in the design patent’s perspective view shown below.

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Patently-O

SEPTEMBER 2, 2022

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. An accused design does not have to exactly match the drawings. 2021-2299 (Fed.

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Patently-O

OCTOBER 19, 2021

Professor Crouch is correct that this holding means that the scope of § 102 prior art for designs is limited. And yes, it means you could take a shape developed for one article of manufacture and apply it to a different type of article and potentially get a design patent for it. But there is nothing wrong with that.

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Design Patent Designs Design Art 58

Patent Trademark Blog

JANUARY 29, 2024

The best time to file a patent application is before you show your invention to the public or make any sales. Need to file a patent application before making a public disclosure? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. Patent costs vary widely.

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Patent Application Patent Invention Inventor 52

LexBlog IP

APRIL 14, 2022

The USPTO may issue a patent to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to certain conditions and requirements.

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The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Essentially, it protects the functional aspects of inventions.

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Patently-O

FEBRUARY 5, 2024

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” The Framers plainly did not want those monopolies freely granted.

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Patently-O

JUNE 12, 2024

by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc decision in a utility patent case since 2018. There are currently four interesting petitions pending before the court. Brumfield v. IBG LLC , No. 2022-1630 (Fed. Faytex Corp. , 3d 1477 (Fed.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Utility and Design Patents.

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Intellectual Property IP Invention Designs 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

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Intellectual Property Designs Design Invention 98

Larson & Larson

MAY 16, 2023

Patent drafting is a critical process that involves creating a written document that describes an invention and lays out the grounds for obtaining patent protection. Here are some key points to keep in mind when drafting a patent application: Start by understanding what type of patent protection you need.

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Patent Trademark Blog

JANUARY 4, 2023

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. How to Tell If Your Patent Claims Are Good.

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Patent Application Patent Art Blogging 98

LexBlog IP

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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Patent Design Patent Invention Inventor 52

LexBlog IP

FEBRUARY 2, 2022

Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard. for infringing two patents directed to computerized methods for building three-dimensional objects. By Emily Parker and David Barker.

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Art Design Patent Invention Patent 52

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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Design Patent Designs Design Technology 52

Patent Trademark Blog

MARCH 24, 2022

For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention. But, how do you convert an idea in your mind into an actual patent? This brings us to an important principle about patents. If you do not apply, you will not get any patent rights.

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Intellectual Property IP Patent Application Invention 98

TraskBritt Intellectual Property

JUNE 10, 2021

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. A search may take a day or up to a week.

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Patently-O

DECEMBER 6, 2022

In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. The panel did not seem convinced that it had the authority to overrule those prior panel decisions and at least one judge expressed doubt that KSR even applies to designs.

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Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. Any explanations of the prior art do not need to get into too much detail. When it comes to talking about the prior art, less is more. How should you review patent drawings?

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LexBlog IP

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” § 273.

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Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. In re Surgisil, LLP , — 4th — ( Fed. ” . .”

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