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by Dennis Crouch The USPTO is officially establishing a separate designpatent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and designpatent matters.
by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate designpatent practitioner bar. As it stands today, there is a single patent bar that applies to those practicing in patent matters before the USPTO, covering utility, plant, and designpatents.
Should you use a designpatent to protect your new product? When compared to utility patents , designpatents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product designpatent. Let’s explore when it makes sense to pursue a product designpatent.
The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of designpatent application proceedings.
Get a DesignPatent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a designpatent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?
Patent Practice: Creation of a DesignPatent 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 designpatent law. Proposed Changes to U.S.
What is a designpatent 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 designpatent applications. Be careful though.
Besides software patents, ineligible subject matter can also arise in designpatent applications. Take a graphical user interface (GUI) , for example. Trying to obtain a designpatent on a two-dimensional artwork or graphicdesign without regard to the article can also lead to ineligible problems.
Graphicdesigns on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. How to DesignPatent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features? But how do you show a trademark on clothing?
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 designpatent? Why is a designpatent as opposed to a utility patent the right type of IP for your idea? 2D or 3D design, or both?
It has been debated whether NFTs/DC could be protected in China by designpatents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post.
Unlike Europe where computer software is protected by patents, software is expressly protected under copyright in China. Industrial and graphicdesigns, applied art, architectural buildings are also protected by copyright. The basic principle for copyright eligibility is that the work be original and reproducible.
Additionally, copyrights can also extend to website content, graphicdesigns, logos, videos, and other digital assets. Designpatents: Designpatents protect novel ornamental designs for an article. Plant patents: These patents protect new varieties of plants that have been asexually reproduced.
It has been debated whether NFTs/DC could be protected in China by designpatents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post.
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