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.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

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.

Art 98

Art Inventor Patent Infringement Patent 98

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.

Patent Law 96

Patent Law Law Inventor Patent 96

Patent Trademark Blog

FEBRUARY 6, 2023

A good starting place to do your own search is Google patents. If do not find any close prior art references, then consider whether it would be worthwhile to invest in a professional patentability search. Our firm charges a flat rate of $1,500 for a utility patentability search. How much to patent an idea?

Patent Application 98

Patent Application Patent Designs Design 98

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.

Designs 52

Designs Design Inventor Design Patent 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.

Patent Application 98

Patent Application Patent Art Blogging 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

The IP Law Blog

JANUARY 18, 2024

Reverse engineering refers to taking a finished product and analyzing it to determine the recipe for making it, what its functionality is, the ingredients and/or composition of it, and/or the process for making it. This is the tradeoff an inventor makes with the public.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. Trade Dress is an often-overlooked facet of Intellectual Property law that holds significant value for board game inventors and can offer a unique layer of protection for your board game.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

LexBlog IP

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Pandaloon asserts that merely speculating about knowledge, where the prior art costumes were “widely available in the marketplace,” is insufficient to plead subjective knowledge under Rule 9(b).

Art 52

Art Inventor Designs Design 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

TraskBritt Intellectual Property

JUNE 10, 2021

For fields where the technology develops quickly, the examination process may take longer because more patents are being processed at the USPTO and Examiners must look through more potential prior art references. The inventor may elect to file either a provisional or non-provisional application. Appeal (MPEP § 1200).

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JANUARY 18, 2024

Reverse engineering refers to taking a finished product and analyzing it to determine the recipe for making it, what its functionality is, the ingredients and/or composition of it, and/or the process for making it. This is the tradeoff an inventor makes with the public. in connection with an internal commercial use.” § 273.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 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. A distributed ledger showing the first inventor, an authorized licensee, etc.

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. A distributed ledger showing the first inventor, an authorized licensee, etc.

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. A distributed ledger showing the first inventor, an authorized licensee, etc.

Technology 52

Technology Patent IP Invention 52

43(B)log

FEBRUARY 3, 2024

Also no reference to cannabis, THC, or CBD. Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Design patent protection: the justification is a puzzle. Overlap in inventors listed.

Designs 59

Designs Design Law Design Patent 59