Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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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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Patently-O

JANUARY 20, 2023

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. Gernsback was also an inventor and serious scientific thinker in his own right.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. 1–4, illustrated below.

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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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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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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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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Patent Trademark Blog

FEBRUARY 6, 2023

If you find something dead on, you’ll at least save yourself the cost of having a professional prior art search done. If do not find any close prior art references, then consider whether it would be worthwhile to invest in a professional patentability search. How much to patent an idea? Patenting isn’t cheap.

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LexBlog IP

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Pandaloon asserts that merely speculating about knowledge, where the prior art costumes were “widely available in the marketplace,” is insufficient to plead subjective knowledge under Rule 9(b).

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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. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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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. First, understand the difference between independent and dependent claims.

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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

SEPTEMBER 18, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can expedite your US patent application. First-To-File vs. First-To-Invent I’m old enough to remember when the USPTO would grant a patent to an inventor who could show they were first to invent even though someone else applied earlier.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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The IP Law Blog

JANUARY 18, 2024

While a patent is in effect, the patent holder has a monopoly on that invention in exchange for disclosing the invention to the public. This is the tradeoff an inventor makes with the public. In exchange for the monopoly period, the inventor ensures the public will know how to freely use the invention when the patent expires.

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The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. In Chapter 5, Robert Harrison focuses on the interactions between patents and utility models. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

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More Than Your Mark

AUGUST 20, 2021

The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent. This partnership enables fans to create and 3-D print their own My Little Pony fan art figurines without fear of infringing on Hasbro’s trademark.

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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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43(B)log

AUGUST 29, 2024

(Unsurprisingly, this is a former employee case with many different claims, most of which I will ignore, including design patent claims that fail because no reasonable jury could find the protectable elements confusingly similar in light of the prior art.)

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LexBlog IP

JUNE 14, 2023

Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to be “insignificant in quality. Blue Gentian sued Tristar for infringement of six patents, all of which relate to an expandable hose and named a sole inventor Michael Berardi: U.S. Patent Nos.

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TraskBritt Intellectual Property

JUNE 10, 2021

For fields where the technology develops quickly, the examination process may take longer because more patents are being processed at the USPTO and Examiners must look through more potential prior art references. The inventor may elect to file either a provisional or non-provisional application. Office Actions.

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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. The claims of a patent application are the protectable aspects of the invention once a patent registration issues.

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LexBlog IP

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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Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? 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. Patent drawings enable you to claim features that help distinguish your invention from the prior art.

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Patent Trademark Blog

JANUARY 29, 2024

If you have already publicly disclosed your invention, the second best time to file patents would be within one year of your earliest public disclosure date. US patent laws give inventors a 1-year grace period to apply for US patents. How much will it cost to file a patent? Patent costs vary widely.

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IIPRD

OCTOBER 17, 2022

the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. At some time the plaintiff realized that the avatar is Second Life was using SLART for his art gallery. Patent Infringement. Conclusion and Suggestions.

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Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

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LexBlog IP

JANUARY 18, 2024

While a patent is in effect, the patent holder has a monopoly on that invention in exchange for disclosing the invention to the public. This is the tradeoff an inventor makes with the public. In exchange for the monopoly period, the inventor ensures the public will know how to freely use the invention when the patent expires.

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Patent Trademark Blog

JUNE 8, 2023

Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? Does your team include an inventor at least 65 years old? What if a new patent firm might actually save you money ? Has your patent application been rejected multiple times?

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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LexBlog IP

DECEMBER 6, 2021

Once eligibility is determined, there are two primary forms of patent protection for software: provisional utility patent applications and non-provisional utility patents. User Interfaces may be protectable with Design Patents as well. If you aren’t the first to file, you risk losing your patent rights.

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