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.

Design Patent 98

Design Patent Designs Design Patent Application 98

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.

Design Patent 52

Design Patent Designs Design Patent Application 52

LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. Design patent filings in the U.S.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

Design Patent 52

Design Patent Design Designs Trademark 52

The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. The SpicyIP blog published a brief analysis of the situation and explained why the topic of cultural appropriation matters even more today.

Blogging 64

Blogging IP Intellectual Property Publishing 64

Patent Trademark Blog

OCTOBER 31, 2024

Need an Amazon contingency patent attorney who will charge fees based on results? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help. How would contingency fees work for Amazon APEX and design patent evaluations? Amazon Sellers with strong patent defenses have a couple of options.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? You found the right post.

Design Patent 52

Design Patent Patent Application Designs Design 52

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?

Design Patent 52

Design Patent Design Designs Patent 52

The IPKat

FEBRUARY 27, 2022

The coverage of blog news over the past few days is as follows: Copyright The Kluwer Copyright Blog posted an article discussing the threshold of originality and wonders if seasonal creations would eventually meet the threshold to ensure copyright protection for these creations.

Blogging 73

Blogging IP Design Patent Design 73

Patent Trademark Blog

SEPTEMBER 10, 2024

Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN? Design or Utility Patent: What type of IP will block Amazon sellers more effectively? Know which type of patent you own.

Design Patent 52

Design Patent Patent Infringement Design Designs 52

The IP Law Blog

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.

Design Patent 98

Design Patent Design Designs Patent 98

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

Design Patent 52

Design Patent Design Designs Patent Application 52

Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. This will be tricky.

Design Patent 52

Design Patent Patent Application Designs Design 52

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

Blogging 75

Blogging IP Design Designs 75

IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. Are they protectable by design patents? Section 4.4.2

Design Patent 57

Design Patent Designs Design Patent 57

Patent Trademark Blog

FEBRUARY 24, 2022

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. Is a functional product disqualified from design patent protection?

Design Patent 52

Design Patent Design Designs Graphic Design 52

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Practically speaking, it means that the ordinary observer knows that what designs already existed before the filing of the patented design.

Design Patent 52

Design Patent Patent Infringement Design Designs 52

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

Design Patent 60

Design Patent Design Designs Patent 60

Olartemoure Blog

MAY 7, 2024

How can I protect designs with patents? Design patents or Industrial Designs offer protection for novel designs, providing exclusive rights to the features of the visual qualities of the product or packaging.

IP 105

IP Intellectual Property Design Patent Designs 105

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

Design Patent 52

Design Patent Design Designs Art 52

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.

Design Patent 52

Design Patent Design Designs Patent 52

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

Design Patent 40

Design Patent Designs Design Patent Application 40

LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. We have specifically covered this topic in a previous blog. Are they protectable by design patents?

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

Design Patent 40

Design Patent Design Designs Patent Application 40

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Mandarins arrive in Luxembourg… the IP ‘case of the year 2020’.

Blogging 52

Blogging IP Advertising Advertising 52

Patent Trademark Blog

MAY 26, 2023

With all the noise on the web about patents being ineffective, I typically follow up by asking about their backup plan to stop copycats without patents. Is there still a way to get IP if you’re too late to patent your products? Need IP for a product that is too late to patent? There was no backup plan.

IP 75

IP Patent Design Patent Artwork 75

Patent Trademark Blog

SEPTEMBER 23, 2024

The purpose of an FTO search is to look for relevant US patents that are still enforceable, and then analyze the claims of those patents. Simpler products that look unique are more likely to be covered by design patents, if at all. Products with innovative functional products might be covered by utility patents.

Design Patent 52

Design Patent Patent Patent Infringement Design 52

Patent Trademark Blog

MAY 15, 2023

Why Amazon Brand Registry Matters to Patent Owners Amazon sellers who own patents will want to take full advantage offered by Amazon Brand Registry for enforcing utility patents and handling design patents.

Branding 97

Branding Brands Branding Trademark 97

Patent Trademark Blog

MAY 9, 2024

Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can help you sell your product safely. Are you looking at a design patent or utility patent? At the outset, figure out if you are dealing with a design or utility patent, or both.

Patent Infringement 52

Patent Infringement Design Patent Patent Design 52

Patent Trademark Blog

FEBRUARY 26, 2024

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. Need to protect your clothing brand?

Branding 52

Branding Brands Branding Trademark 52

Patent Trademark Blog

OCTOBER 15, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how our patent infringement experience can benefit your business. How can you tell the difference between a published application and a granted patent? At the outset, design patent applications are never published.

Patent Application 52

Patent Application Patent Design Patent Publishing 52

Patent Trademark Blog

MARCH 24, 2022

The word “protect” is curious in the context of IP. If you think of IP as an asset, then it makes sense. Along those lines, the concept of protecting your IP would have a similar meaning of stopping others from taking or using your intangible assets. What do we mean by intellectual property protection?

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Patent Trademark Blog

MAY 16, 2024

Though there is nothing wrong that, recognize that certain patents would not fit trendy products that will quickly fall out of style. With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product.

Design Patent 52

Design Patent Patent Patent Application Design 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. IP Rights and NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52