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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.
Rejected Trademark Application? 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? Having difficulty trademarking your brand?
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.
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.
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.
Let’s look at how you should protect and trademark your clothing lines. 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. But how do you show a trademark on clothing?
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.
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?
Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Is this the same in the US and China?
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. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.
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. Twitter.
Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. If yes, under what circumstances?
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