You should obtain a utility patent if the unique feature of your invention is functional in nature. On the other hand, you should obtain a design patent if the unique feature of your invention is in the visual aspects of your product or its ornamentation. To learn more about the differences between utility and design patents, read What are the differences between utility … [Read more...]
Infringement of a design patent occurs when the infringer copies the patent protected aesthetic features of a patented protect.
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How much does a design patent cost?
A design patent will cost $1,950 to $5,500. Initially, the design patent application will cost $2,000 to $3,500. After submission, examination costs and issue fee will be $1,000 to $2,000. What are the costs for a design patent?The costs of a design patent consists of attorney fees, UPSTO costs and drawings costs. Attorney fees:$1,200 - $3,000USPTO filing fee and issue … [Read more...]
Does a restriction requirement disclaim non-elected species?
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
Best uses for design patents
Design patents protect ornamental features. The scope of protection is defined by what is shown in the drawings. In contrast, utility patents protect functional features. The scope of protection is defined by the claims. This distinction is simple to state but the ramifications are significant and sometimes confusing. Inventors will sometimes suggest that we protect a … [Read more...]
Updated Look Is Obvious
During examination of a patent application, the examiner and patent applicant may disagree on various issues such as claim interpretation, patentable subject matter, written description, novelty, obviousness, etc. After the examiner has rejected the patent application twice, the patent applicant may appeal the matter to the Board of Patent Appeals and Interferences (“BPAI”). … [Read more...]
Design Patent Infringement Test
Three types of inventions are eligible for patent protection under the patent laws, specifically utility inventions directed to useful processes, machines, etc. , design inventions relating to ornamental features and plant inventions of asexually reproducible plant varieties. A design invention was at issue in Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 666 (Fed. Cir. … [Read more...]