U.S. Department of Commerce

FEBRUARY 16, 2022

Black Inventors and Entrepreneurs – Past, Present, and Future. Patent and Trademark Office and the International Trade Administration. It is also an opportunity to spotlight some of the many inspiring stories and successes of Black inventors and Black-owned businesses. February 16, 2022. KCPullen@doc.gov. Intellectual property.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. Design patent filings in the U.S.

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43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. Apple v Samsung changed perceptions.

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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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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. Need to get US design patents quickly?

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Patent Trademark Blog

JANUARY 5, 2022

What is a design patent 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 design patent applications. Be careful though.

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LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent 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 design patent law. Proposed Changes to U.S.

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IP Watchdog

DECEMBER 8, 2024

I was consistently intrigued by the opportunity to bring harmony to international design lawan area plagued by discord and confusion, including disagreement over the very terminology used to describe the right (e.g., design patent, industrial design, design registration, design model, aesthetic model, etc.).

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IP Law 360

FEBRUARY 10, 2022

The Federal Circuit wiped out inventor Larry Junker's $1.25 million win against two medical device companies, finding Thursday that his patented catheter insertion design was unenforceable because it was offered for sale more than a year before he applied for the design patent.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. 1–4, illustrated below.

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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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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SpicyIP

SEPTEMBER 6, 2021

He situates this within the larger issue of concentration of judicial power in the hands of the few judges staffing a relevant IP tribunal or court and its effect on developing IP jurisprudence. Other Developments. Decisions from Indian Courts. Madhya Pradesh High Court in M/s Mold Tek Packing Ltd. News from around the World.

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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 Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention. As the U.S.

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The IP Law Blog

DECEMBER 21, 2023

Every year, I write about patents that have to do with Christmas. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. Here are a few I have found, some of which were issued in 2023 and others of which are older.

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LexBlog IP

NOVEMBER 30, 2022

An IP Lawyer’s Takeaways. Perceived limitations on obtaining patents and trademarks in the cannabis industry is not an excuse. As with other sophisticated industries in the US, IP implications for the cannabis industry are many.

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IPilogue

JANUARY 10, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series. As a founder, once you’ve determined what types of Intellectual Property (IP) you need to protect, it’s important to understand the details and requirements of each.

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Patent Trademark Blog

FEBRUARY 6, 2023

How much to patent an idea? Patenting isn’t cheap. The type of application – design or utility – will largely determine the cost. For design patents, expect the initial filing to cost around $1,250 to $1,500. On average, design applications have an approval rating of well over 80%.

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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.

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The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” First, Pandaloon argues that the Complaint fails to allege that the inventor or her attorney were aware of either the prior art costumes during prosecution, that either believed that the references were material, and that either intentionally withheld them.

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Patent Trademark Blog

SEPTEMBER 18, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can expedite your US patent application. First-To-File vs. First-To-Invent I’m old enough to remember when the USPTO would grant a patent to an inventor who could show they were first to invent even though someone else applied earlier.

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Patent Trademark Blog

MARCH 3, 2022

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? Do you need pictures in order to patent a design?

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The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

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IP Tech Blog

FEBRUARY 9, 2022

China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.

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The IPKat

MARCH 29, 2024

One of the key points of the report is the emerging trend in the use of social media in a strategic way and namely as “backlash” against IP rights holders’ enforcement initiatives. Comment The power of social media is constantly increasing and has an incredible impact on the perception of IP rights.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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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.

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IIPRD

OCTOBER 17, 2022

Patent Infringement. The patent is a property right granted to the owner or inventor, it is given for an invention, which includes the product or even the process that provides a new way of doing something or provides an innovative solution to a problem. The post IP infringement in Metaverse first appeared on IIPRD.

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Patent Trademark Blog

OCTOBER 24, 2023

Should your first patent application be a utility or design patent application? You might be considering both a utility and design patent application. If you qualify as a micro entity, then you may want to file your utility nonprovisional patent application before your design patent application.

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Patent Trademark Blog

OCTOBER 24, 2023

Should your first patent application be a utility or design patent application? You might be considering both a utility and design patent application. If you qualify as a micro entity, then you may want to file your utility nonprovisional patent application before your design patent application.

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LexBlog IP

JUNE 6, 2022

Among the thousands of people who contributed to its success was inventor Andrew Higgins. Higgins was a boat builder and his low draft boat hull design, patented in 1939, (U.S. Higgins later design for a landing craft with a deployable ramp (U.S. Posted in Patent of the Day.

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LexBlog IP

MARCH 8, 2022

Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” ” While this patent does not mention the specific model of vehicle for the design, the look bears similarity to the Scuderia Ferrari SF1000 that raced in the 2020 Formula One season. About Design Patents.

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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. D405,622, referred to as “Linz” after its inventor Arthur W. In Campbell Soup Company v.

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