JD Supra Law

MARCH 21, 2023

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners

Design Patent 52

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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.

Design Patent 52

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JD Supra Law

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool.

Design Patent 52

Design Patent Patent Application Designs Design 52

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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Design Patent Designs Design Patent 81

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.,

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. 29/491,550 (the ’550 application).

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Design Patent Patent Application Designs Design 40

Patently-O

JANUARY 13, 2023

Prior Patently-O coverage of this appeal is available here.) My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

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. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

Design Patent 52

Design Patent Patent Infringement Designs Design 52

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 52

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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”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 3d 1334 (Fed.

Design Patent 52

Design Patent Designs Design Patent Law 52

Patent Trademark Blog

MAY 16, 2024

With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product. Add a Rocket Docket request to speed up the examination of your application and get your design patent possibly granted within one year. Should you do a novelty patent search?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? 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. Let’s look at some smart ways to patent a medical device. Design or utility patent?

Patent Application 52

Patent Application Patent Art Design Patent 52

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. appeared first on Patent Trademark Blog | IP Q&A.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

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.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patently-O

APRIL 3, 2024

The USPTO appears to be using these fee adjustments as a tool to shape patent prosecution strategies, encouraging more compact patent applications and smaller patent families. This fee increases to $3,500 if the continuation application is filed more than eight years after the earliest benefit date.

Patent Prosecution 51

Patent Prosecution Design Patent Designs Design 51

Patently-O

OCTOBER 7, 2022

Zahner Design Group v. D746,078 (Patent being litigated). Zahner’s Design Pat. D746,078 covers the ornamental design of a shower curtain as shown in the figures above. The examiner found some great prior art from 2013, which predates this particular design application filing date. by Dennis Crouch.

Design Patent 76

Design Patent Designs Design Patent 76

JD Supra Law

FEBRUARY 25, 2022

SurgiSil filed for a design patent on the ornamental design for a lip implant. The sole figure in SurgiSil’s application is shown in the top image. The patent examiner rejected the patent application under 35 U.S.C. §

Art 52

Art Design Patent Patent Application Designs 52

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 52

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. Need to file a utility nonprovisional patent application?

Patent Application 98

Patent Application Patent Art Blogging 98

The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

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Designs Design Advertising Advertising 67

Patent Trademark Blog

MARCH 13, 2024

Utility patents are generally more complicated to review than design patents. Avoiding infringement of a utility patent requires that each independent claim be analyzed, and there might be several. Noninfringement of a design patent boils down to the appearance. Consider ways to design around the patent.

Patent Infringement 52

Patent Infringement Cease and Desist Patent Design Patent 52

Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

Patent 52

Patent Design Patent Licensing Patent Application 52

Patent Trademark Blog

MARCH 24, 2022

If you’ve already begun selling goods or services under a mark, file your trademark application promptly. Why let someone else beat you to the Trademark Office and delay the examination of your application ? Consider whether you want to apply for a word mark or design mark. No, patents have a strict deadline.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

Design Patent 80

Design Patent Art Designs Design 80

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

LexBlog IP

FEBRUARY 23, 2022

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. 988 (C.C.P.A.

Design Patent 52

Design Patent Patent Application Designs Design 52

Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? 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? Design patents, however, are typically three-dimensional.

Design Patent 52

Design Patent Designs Design Trademark 52

Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? How much to patent an idea?

Patent Application 98

Patent Application Patent Designs Design 98

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.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective.

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Patent Application Patent Invention Design Patent 97

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. For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications. Design patents: Design patents protect novel ornamental designs for an article.

Intellectual Property 52

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Patently-O

FEBRUARY 5, 2024

The Federal Circuit is hearing oral arguments today in the design patent case of LKQ Corporation v. Mark Lemley argues that Federal Circuit’s obviousness standard (known here as the Rosen-Durling test) makes it too difficult to actual reject or cancel design patent claims. How does that apply to designs?

Design Patent 57

Design Patent Art Designs Design 57

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark 105

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Patently-O

JANUARY 20, 2023

It can be especially useful as “obviousness” prior art because, to quote the Federal Circuit, a “reference that does not provide an enabling disclosure for a particular claim limitation may nonetheless furnish the motivation to combine, and be combined with, another reference in which that limitation is enabled.” Raytheon Techs.

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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. national stage applications under 35 U.S.C.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. billion) as this is the reason for its global importance.

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