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I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️

2 Answers 2

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This is a U.S. patent and. like all U.S. patents, is only enforceable in the U.S. It allows the owner to try to stop others from making, selling, offering for sale, importing and using. There has been some cross border enforcement for components of patented items and uses at sea but the bottom line is that patents are fundamentally territorial.

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It looks like a pretty normal design patent. design patents are a lot simpler than what people would normally consider a patent to be. They claim the design itself, so what the bottle looks like. If you want more info on design patents check this out:

https://en.wikipedia.org/wiki/Design_patent

Source: Former patent examiner

Edit: My bad, I did a very cursory glance at the listed patent. I didn't examine design patents during my tenure at USPTO.

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  • hey @user10271487, thanks for your answer! okay so it's the way it look specifically that is reserved. What happens if variations arise? And is this locked for the US only?
    – user22328
    Commented Aug 7, 2019 at 19:38
  • I can only say for the US as the EPO or JPO may be different for example. And variations may be patentable depending upon the variation. If you want to get into the super nitty gritty, I am not qualified for that. You may want to talk to an attorney that does design patents for better answers that aren't in the Wikipedia page. The USPTO site may also have more in depth answers
    – evan
    Commented Aug 7, 2019 at 20:04
  • This is a U.S. patent and is therefore only enforceable in the U.S. Looking in USPTO Public PAIR I see that the notice of allowance was sent to a patent attorney so I do not know why you assume it was a pro se application. The ADS was signed by a registered practitioner with a registration number.
    – George White
    Commented Aug 7, 2019 at 22:51
  • Evan - welcome to Ask Patents.
    – George White
    Commented Aug 7, 2019 at 23:20
  • Evan, perhaps you might delete "done pro se" since it looks like an attorney might have been involved and because it doesn't add anything relevant to the answer. I'd also delete "I don't have enough rep to comment" as it doesn't add value. Then perhaps the person who down voted you might undo that action. You might also want to clarify (as George White did in his answer) that US patents only apply to the US. Pointing out that this is a design patent fully makes your answer worthwhile. If you make such changes and perhaps explain a bit more about design patents I'd happily up vote your answer.
    – Eric S
    Commented Aug 8, 2019 at 13:47

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