After filing a U.S. design patent application, you have a six-month window to file international applications and claim priority to your U.S. filing date. This priority claim is governed by the Paris Convention for the Protection of Industrial Property, which facilitates the protection of industrial property, including industrial designs, across its member countries. … [Read more...]
Design patent
Infringement of a design patent occurs when the infringer copies the patent protected aesthetic features of a patented protect.
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LKQ v. GM: Looser Standard Means More Design Patents Will Be Obvious
In LKQ Corp. v. GM Global Technology Operations LLC, the Federal Circuit Court made it harder to secure design patents for minor updates to product updates. In particular, they enlarged the scope of prior art that can render a design patent obviousness. This decision is pivotal, as it sets a new precedent for a broader pool of prior art for design patents that the examiner can … [Read more...]
Should you get a design patent or a utility patent for your invention?
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...]
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 … [Read more...]
Design Patent Infringement Test: Egyptian Goddess, Inc. v. Swisa, Inc.
Three types of inventions are eligible for patent protection: utility inventions (useful processes, machines, etc.), design inventions (ornamental features), and plant inventions (asexually reproducible plant varieties). In Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 666 (Fed. Cir. 2008) (en banc), the Federal Circuit clarified the standard for design patent … [Read more...]