Patent Trademark Blog

MAY 16, 2024

Go online and you will see how everyone has an opinion about patents, but few are experts who know what they are talking about. Federal court litigation is not the only way to enforce patents against competitors. In fact, keep reading and you’ll see how you can assert your patents against infringing online sellers.

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Patent Trademark Blog

MAY 9, 2024

Contact US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can help you sell your product safely. Are you looking at a design patent or utility patent? At the outset, figure out if you are dealing with a design or utility patent, or both.

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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. How long will it take to get a utility patent?

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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. Images below).

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Patently-O

MARCH 13, 2022

Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Josh Norem: Apple Patent Application Envisions a Mac Inside a Keyboard (Source: Extreme Tech). Landers: The Problem of Design Patents: Representation and Subject Matter Scope (Source: SSRN).

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IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

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LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. Patent No.

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Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

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Patent Trademark Blog

DECEMBER 13, 2023

What patents will help you remove infringing Amazon listings? Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain.

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Patent Trademark Blog

JUNE 8, 2023

Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer? The patent application process is inherently challenging. treats the procurement and enforcement of patents, so certain things may simply be out of your patent lawyer’s control.

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Patent Trademark Blog

MARCH 13, 2024

This will likely involve a noninfringement review by a patent attorney with experience in patent infringement litigation. Utility patents are generally more complicated to review than design patents. Noninfringement of a design patent boils down to the appearance.

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LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

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Patent Trademark Blog

JUNE 19, 2024

For those of you who have filed provisional patent applications, you must follow through by filing a timely nonprovisional application. Furthermore, you need to get your nonprovisional application allowed which will be no easy feat. Utility patents need to be “renewed” by paying maintenance fees.

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Patent Trademark Blog

MARCH 18, 2022

Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Here’s a helpful article on filing a utility patent application and another one filing a design patent application.

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LexBlog IP

MAY 8, 2023

Copyright application: Copyrights are a powerful, inexpensive way to cover any creative work and they’re enforceable overseas. Design patent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for design patents to give you a broader IP portfolio to enforce.

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SpicyIP

SEPTEMBER 16, 2024

The aforementioned notification has come after the All India Patent Officer’s Welfare Association (AIPOWA) filed a Civil Writ Petition (WP) in the Delhi High Court (DHC) alleging arbitrary reallocation, withdrawal, and abandonment of patent applications and review petitions by the Information Technology (IT) Division of the CGPDTM (Case No.

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LexBlog IP

FEBRUARY 26, 2023

Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Generally speaking, patenting an invention requires filing a patent application with the United States Patent and Trademark Office (USPTO). Utility Patent or Design Patent?

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SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Case: Marie Gold Realtors Pvt.

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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.

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SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Registering trademarks with the U.S.

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IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Xentek provided Junker with a prototype in the January 1999 time frame including all of the requested design specifications. Medical Components, Inc. ,

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Patently-O

JANUARY 20, 2023

In a speech he gave to the World Science Fiction Convention in Chicago, he proposed that Congress should reform patent law (again) to give science fiction authors the ability to apply for “Provisional Patents.” Gernsback’s Provisional Patents were not at all like today’s provisional patent applications.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are different types of patents that startups can apply for depending on their invention: Utility patents: These are the most common types of patents and cover new processes, machines, compositions of matter (such as chemical compounds), or improvements to existing ones.

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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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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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Technology Patent IP Invention 52

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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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S.

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Patent Trademark Blog

OCTOBER 31, 2024

What is the cost of fighting an Amazon seller patent case? The cost of an Amazon patent evaluation can range from a few thousand dollars to tens of thousands. Patent litigation in federal court can range from hundreds of thousands to millions. How would contingency fees work for Amazon APEX and design patent evaluations?

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