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The law surrounding validity, infringement, claim construction, and damages in the designpatent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes. On September 7, join. By: Fish & Richardson
What is a patent application attorney (patent prosecutor) versus a patentlitigator? Patent practitioners generally fall under one of two practice areas: 1) patentlitigation, or 2) patentprosecution. Are patentlitigators required to be registered to practice before the USPTO?
The United States Patent and Trademark Office (USPTO) issued its one millionth designpatent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for designpatents.
Landers: The Problem of DesignPatents: Representation and Subject Matter Scope (Source: SSRN). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN). New Job Postings on Patently-O: McKee Voorhees and Sease. . Mechanical Engineering Patent Attorney or Agent. Klarquist – Litigation/IPR Associate.
Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. If you want to protect how something looks, you need a DesignPatent. Design and Utility Patents. Utility patent examination in the U.S. Form versus Function.
and designpatents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern designpatents, even though Herman Miller etc. Herman Miller litigated even against “Eames style.” In the 1960s, preemption was big (Sears v. Compco, etc.)
From this finding, the Surgisil court appears to extrapolate a symmetry by which a design for an artist’s stump is both ineligible for citation against Applicant’s lip implant in patentprosecution and also not covered in a putative enforcement of Applicant’s design.
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 patentlitigation against assertions of willful infringement and exposure to treble damages.
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. PatentProsecution, Portfolio, and Strategic Patenting Considerations.
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