Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent?

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Design Patent Designs Design Patent Application 52

Patent Trademark Blog

OCTOBER 26, 2022

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 ? There is a tradeoff when you file a patent. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent.

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Confidentiality Patent Patent Application Invention 96

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 Design Patent Invention Inventor 98

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. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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Design Patent Designs Design Patent 52

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. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. Narrow patents are less likely to be found unpatentable.

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Design Patent Designs Design Patent 52

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. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. D810,925 (“breast pump”).

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Inventor Art Designs Design 78

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.

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Intellectual Property IP Patent Application Invention 98

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. A utility patent applies to a broad range of inventions.

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Inventor Patent Design Patent Invention 52

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. Compare 35 U.S.C. §

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Patent Law Law Inventor Patent 96

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 115

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. If the Mona Lisa were still under copyright, copying it directly would be an infringement, but anyone could paint a slightly smiling woman in black. What Is a Patent?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

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Patent Invention Design Patent Designs 40

LexBlog IP

AUGUST 19, 2021

Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Design Patent No. In Campbell Soup Company v. D612,646 and D621,645 would not have been obvious.

Designs 52

Designs Design Inventor Design Patent 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

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Designs Design Design Patent Branding 59

Larson & Larson

MARCH 26, 2021

Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. The Different Types of Patents. Utility Patents.

Patent 52

Patent Inventor Design Patent Designs 52

LexBlog IP

JULY 27, 2023

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

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Patent Application Patent Invention Copying 52

LexBlog IP

MARCH 8, 2022

INVENTION OVERVIEW: An exciting reveal for motorsports fans. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” 1 is a top, front and side perspective view of a car, toy car replica and/or other replica showing my new design; FIG. About Design Patents.

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application.

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Designs Design Invention Registration 105

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.

Patent 52

Patent Design Patent Invention Inventor 52

Technology & Marketing Law Blog

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” This is a design patent SAD Scheme case. Schedule A Defendants , 1:23-cv-04587 (N.D.

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Copyright Design Patent Trademark Designs 78

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

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. How should you review patent drawings? Patent drawings enable you to claim features that help distinguish your invention from the prior art.

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Patent Application Editing Patent Design Patent 53

Patentably Defined

JANUARY 19, 2011

Generally, when drawings for utility patent applications are required, they must be black and white line drawings. Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even then an applicant must petition the USPTO to accept them. This petition is filed under 37 CFR 1.84(a)(2)

Patent Application 40

Patent Application Design Patent Invention Copying 40

SpicyIP

DECEMBER 30, 2023

Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

JUNE 9, 2022

In the case of design, during the design registration process, the investigating officer assesses the item’s inventiveness and beauty. Assessment basis – The trademark registration of the applicant is assessed based on the class and name they select. It does not need to be innovative, but it must be distinct.

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Registration Designs Design Trademark 86

Patent Trademark Blog

MARCH 18, 2022

When it comes to new ideas, we’re talking about inventions. And inventions can be protected with patents. Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. How much does IP cost?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Texas Intellectual Property Law Blog

APRIL 30, 2020

If you create a new electronic device in your Texas workshop, it may be possible to patent it. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. Design patents are intended to protect intellectual property related to how an object looks.

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Patent Intellectual Property Design Patent Designs 40

Texas Intellectual Property Law Blog

APRIL 30, 2020

If you create a new electronic device in your Texas workshop, it may be possible to patent it. This means that it may not possible for people or companies to copy your idea whether those parties are based in Texas or in another country. Design patents are intended to protect intellectual property related to how an object looks.

Patent 40

Patent Intellectual Property Design Patent Designs 40

LexBlog IP

DECEMBER 6, 2021

A trademark cannot be used to protect an invention, coding, or software program. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”).

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

SpicyIP

NOVEMBER 15, 2022

The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte. The Defendant was served with a copy of summons and it did appear in a few hearings, but later stopped, thus causing the matter to proceed ex-parte. Hindustan Unilever Limited v.

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Trademark Patent Copyright Designs 105

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

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IP Invention Designs Design 45

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Aren’t they just the invention of an element of the claim?

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IP Licensing Law Reporting 90

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. Patent Infringement. Conclusion and Suggestions.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

More Than Your Mark

SEPTEMBER 3, 2021

The Price of Exclusion by Patent – Disclosure to the Public. Not every idea that can be commercially beneficial is eligible for a patent. Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents).

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Intellectual Property Patent Design Patent Designs 40

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. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

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Technology Patent IP Invention 52

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. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

Technology 52

Technology Patent IP Invention 52

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. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.

Technology 52

Technology Patent IP Invention 52