In New York and other parts of the United States, a patent can be obtained by anyone who creates any “new, original, and ornamental design” for any item (35 U.S.C. 171). The U.S. Patent and Trademark Office (USPTO) issues in three primary categories: plant, utility, and design. To protect an invention’s aesthetic or non-functional qualities, …
We cannot underemphasize the usefulness of design patents. Some would lament that the rights provided by a single design patent are ‘unsatisfactory,’ but its benefits far outweigh its disadvantages. Design patents have been the most accessible patent type to obtain. The traditional belief was that if something was easy to obtain, it was likely not …
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Hiring a design patent attorney in New York is a crucial step if you want to protect your product or invention with a design patent. A utility patent safeguards a product or system’s structural and functional improvements. However, if an item’s unique aesthetics are the focus of the patent, a design patent would be appropriate. …
The Design Patent Decision that Patent Practitioners should Ignore… at least for now On November 14, 2019, the Northern District of California found non-infringement of a design patent owned by OZ-Post because Simpson Strong-Tie Company’s accused product included a shaft that was not present in the claimed design.[1] The addition of the shaft to the accused screw …
The Design Patent Decision that Patent Practitioners should Ignore… at least for now Read More »
Checklist for Filing an International Design Application (IDA) Pursuant to the Hague Agreement 1) Prepare the design application according to US standards. Unlike many foreign jurisdictions which implement a design registration process, the US implements an examination process similar to utility applications. This makes the USPTO a good target audience for design applications since the standards are higher relative to the registration jurisdictions. That …
IP attorneys having experience in patents, trademarks, or copyrights