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There are two design patents (US D680,805 S1 and US D688,912 S1) owned by Hydro Flask regarding a wide mouth lid. The first is what I consider somewhat unique, but the second I feel has been reduced and is too broad that remaining elements were already in use prior.

What is your opinion.

Should someone desire to enter the same field of selling bottles, would it recommended to push forward in using the same lid, but changing the rubber grip piece? To reduce risk of infringement, would it make sense to ask the USPSTO to reexamine the design patent considering the prior art? Does prior art have to be a patented product? enter image description here

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  • Please also refer to these questions involving the same patents: 1 and 2.
    – vallismortis
    Sep 15, 2015 at 13:40

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Since theirs is a design patent, not a utility patent, I'd focus on making a distinctive visual appearance for my bottle design, and then do another design patent on that. Don't confuse design and utility patents. http://www.uspto.gov/web/offices/ac/ido/oeip/taf/patdesc.htm

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  • I feel that by changing the rubber grip piece it would be enough to not infringe on the first patent. But the 2nd patent which is broader disclaims that portion of lid. They have been litigious in protecting it. One company had made a lid but with a different rubber grip, had a suit filed against them. However the outcome was settled out of court and they continued to use the design until recently.
    – Dan Su
    Sep 19, 2015 at 22:01
  • I feel that the second patent which disclaims the grip portion of the lid, is broad elements is broad to try and protect the lid style, where a rubber grip insert is in the lid. However their design patent doesn't patent doesn't claim material. The BIG opinion which I'm curious, the remaining elements that are found in the broad patent are found in prior art in the nalgene lid? This means, changing the rubber grip piece in the lid, is an action that can be justified and defended?
    – Dan Su
    Sep 19, 2015 at 22:08
  • Again, I think you are confusing design and utility patents. designpatentattorney.com/…
    – johnwbyrd
    Sep 19, 2015 at 22:38

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