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...]
Patent infringement
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
Browse related articles below.
Can others copy the invention while the patent application is being examined?
You have an idea and wonder whether you should file a patent application to protect your idea. But, you learn that a patent application won't stop the competition from copying your idea. That's right; you can't sue others for patent infringement while obtaining your patent. Should you still file a patent application? While applying for a patent, can others copy the … [Read more...]
What are the differences between structural, functional, and intended use claim limitations?
The focus of our discussion today will be on the various types of limitations in a patent claim, including structural, functional, and intended use claim limitations, and how they differ from one another. What is a structural claim limitation? A structural claim limitation is a type of limitation found in patent claims that restrict the claimed invention to a specific … [Read more...]
Should you send a cease and desist letter?
You should send a cease and desist letter if someone is infringing on your patent or trademark. Otherwise, you will continue to lose money, and others will be emboldened to copy your product, further eroding your market share. However, various factors should be taken into consideration which may dictate the timing and tone of the letter. How to determine if someone is … [Read more...]
How to respond to a cease and desist letter?
You can respond to a cease and desist letter by: Rejecting their demands and forcefully rebutting their claims; or Reaching out to seek a settlement. But, you shouldn’t ignore the letter since you may be forced into a lawsuit. Otherwise, they might sue you to get your answer. By replying to the letter, you can delay the lawsuit to buy yourself more time to decide … [Read more...]
Claim drafting tip: Use terms consistently
The goal of a claim is to define the scope of protection of a patent. The claim needs to be clear and understandable so that infringers or your competitors can know if they are infringing on your patent or not. Otherwise, your patent will the invalid for being indefinite. To make the claim clear, the words of the claim need to be used consistently. For example, if the claim … [Read more...]
How to use A, THE and SAID in a Claim?
A claim in a patent or patent application uses the words A, AN, THE, and SAID. This article explains how to utilize these words in a claim properly. The basic rule for initially introducing a term The first time that you recite a term in a claim, you must use the word A or AN to introduce that term. For example, a claim to a tripod may look like this. A tripod for supporting … [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...]