Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective.

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Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending.

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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. When do you need to patent an idea? Patent deadlines are critical.

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Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent?

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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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JD Supra Law

JUNE 20, 2024

Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

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JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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LexBlog IP

FEBRUARY 23, 2022

When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. Can you file a design patent application? For a design patent, 35 U.S.C. §

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Patent Trademark Blog

MARCH 18, 2025

Need the right patents to stop Amazon sellers from copying your innovative products? Contact US patent attorney Vic Lin at vlin@icaplaw.com to see how we can help protect your Amazon sales. Do you need a utility patent or design patent? In some cases, it may make sense to file both types of patent applications.

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JD Supra Law

DECEMBER 15, 2023

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.

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IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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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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JD Supra Law

JANUARY 6, 2025

The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications. By: Womble Bond Dickinson

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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

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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Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Focus on the patent number.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. How would a logo help get your design patent application allowed?

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Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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Patently-O

JANUARY 13, 2023

I suggested that, with respect to infringement: [O]ne solution would be to put the burden of proof on the patent owner to show that the accused device should be considered the same type of product. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S. 33 Berkeley Tech. 607, 612 (2018).).

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LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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JD Supra Law

DECEMBER 7, 2023

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 design patent application proceedings.

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Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Let’s explore when it makes sense to pursue a product 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.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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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. § 171).

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Patent Trademark Blog

JANUARY 18, 2023

If you are thinking of patenting software, it is critical to have your utility nonprovisional patent application drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patent application.

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Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

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Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Therefore, if an accused product seems very close to such prior art designs, there is a decent probability of no design patent infringement.

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Patent Trademark Blog

MARCH 14, 2022

We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions. Do you want to file a utility or design patent application, or possibly both? Do you want a patentability search?

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Patent Trademark Blog

FEBRUARY 9, 2023

Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. Do-It-Yourself (DIY) a wise option?

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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

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Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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