Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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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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Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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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

FEBRUARY 2, 2023

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. Telflex, Inc.,

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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. at 415, should cause us to eliminate or modify: (a) Durling’s requirement that “[b]efore one can begin to combine prior art designs.

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Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.” 21-2348 (Fed.

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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

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

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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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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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Patent Trademark Blog

SEPTEMBER 18, 2024

Is it possible to get your patent first before an earlier application is patented? In the old days, the US patent system gave rights to the one who was first to invent. That meant that if someone filed a patent application before you, there were ways to obtain your patent even though your filing date was later.

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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

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? When do you need to patent an idea? Patent deadlines are critical. Apply for design or utility patent? How much to patent an idea?

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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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Patent Trademark Blog

MARCH 14, 2022

We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions. Do you want to file a utility or design patent application, or possibly both? Can we tell you if your invention is patentable?

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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

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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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

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 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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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

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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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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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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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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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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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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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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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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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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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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The IP Law Blog

DECEMBER 21, 2023

Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. The listed prior art includes a backscratcher, so maybe that is what this is for. It is not very appealing.

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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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