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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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How to Patent a Design

Patent Trademark Blog

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. 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? 2D or 3D design, or both?

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CAFC Reverses Contempt Finding for Disclosures of Confidential Discovery Information to Develop Joint Defense Strategy

IP Watchdog

Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader.

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Keep it secret or file a patent?

Patent Trademark Blog

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? And if you have powerful knowledge that is confidential, will others be able to be able to figure it out after breaking apart your product? Let’s face it.

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Protective Orders and Joint Defense Agreements

Patently-O

Design Patent D771,400, covering an ornamental design for a stadium seat. The district court found a large number of similar prior art designs and thus narrowly construed the potential infringement window. The Wisconsin case was subject to a confidentiality agreement/order. Wisconsin for infringing its U.S.

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How to Patent a Medical Device

Patent Trademark Blog

Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications. Need to patent a medical device?

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

As discussed below, in many instances, a choice will need to be made as to whether to rely on trade secret protection or pursue a patent. But not all confidential business information that is valuable and generally unknown is a trade secret. First, it is important to understand what a trade secret is.