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Questions relating to design-patents and their applications.

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58 views

Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent

From the images depicted in a design patent, from what I know about the design patents, I can clearly see that designs are different, as well as the materials. Am I right? Can I defend the claim that ...
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1answer
17 views

Patent Pending Thyco vintage plug

My father had this piece in his basement. It works just fine. Connected to an old lamp base. Can someone give me some info on it...I can't find anything like it on the web. Thanks so much.
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1answer
66 views

which patents were prior to this patent D698,996

Kindly ask you to help me with this issue. I'm on 100% sure that SWIRLYDO™ coil/spiral hair ties has a prior rights than patent D698,996. But i can't find it :( Also pls help me to find other patent ...
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0answers
18 views

Is it ok to use part of the patented item to be part of a modified design

There is a patented design for a certain shape of wall rack, it has 2 functions of displaying 2 different things. the patent is for the complete rack, My question, can i use one of the design function ...
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1answer
21 views

PCR based diagnostic kit. Primer design

I am working in a improved diagnostic tool with an innovation in sample handling and in time reducing modifications of an existing PCR protocol. I would like to know whether is it commandatory to ...
2
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1answer
41 views

What if I do not know how to design the circuit board for my idea?

Let's say I had thought of the idea of a "computer mouse", but I did not know how to design the circuitry. Would it be a safe thing to solicit the services of an expert? What type of protections ...
0
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1answer
55 views

Is this a Design Patent or Utility Patent [duplicate]

In reference to the patent: US20170153408 Please let me know what kind of Patent this is, Design or Utility & If someone want ed to protect the Look of how a new sunglass's lens looks, would ...
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1answer
39 views

Is this patent still legally protected? [duplicate]

In reference to the patent: US3166129
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2answers
149 views

Does a patent owner need to provide details of the patent on request?

If a product listing on a website is noted "PATENT" or "PATENTED", must the patent owner provide patent details such as a patent number when asked for from the general public?
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1answer
18 views

Invention purchased including rights to intellectual properties

I purchased an invention along with the intellectual property rights. The original owner and inventor had no patent but had been manufacturing and selling the product for a few years prior to my ...
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0answers
81 views

Could this be a design patent infringement?

I have a product that I am at the last stages of importing and have stumbled on a another product of similar design that is currently in application (29598689) of a design patent. As the product ...
0
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0answers
30 views

patent Infringment on my product

1]: https://www.google.com/patents/USD763495 I hired a company to design and bring my product to the market. They drug there feet and took so long other similar inventions came into play. What can I ...
2
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1answer
47 views

What is the scope of a particular design patent?

My experience with design patents is fairly limited. I generally have a good idea what the scope of the claim is and know that dashed lines are not part of the claim. That being said, I have very ...
0
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1answer
32 views

Lapsed Patent outside of US

If there is a company in the US wanting to patent a design, but there is a "Lapsed" Australian patent on a similar design, can the US company pursue a patent? A similar US patent does not exist.
0
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1answer
112 views

Can a registered Community design be enforced in the USA?

A design holder is trying exert her rights in the USA using EM 003220508-0001. Is this something that can be enforceable or would she need a US design patent? What if she is registered with WIPO?
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2answers
27 views

Patent comes up in European Patent search but not in US

I have a patent idea, and searched the US patents. Nothing comes up, but then I searched the European patent office and a similar, but not the same item comes up. Does this matter since I would be ...
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1answer
35 views

Can I apply for design patent whilst I have a utility application pending?

I have filed an application for a utility patent. Can I also file for a design patent as a plan B should the application be denied?
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4answers
57 views

Can someone steal the designs associated with a patent application that has not been granted? Are the designs afforded protection?

If a patent application (PCT/WIPO) is not granted and yet the associated designs before publication were completely original/novel and never appeared in prior art (and yet functionality is linked to ...
0
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1answer
43 views

Obtaining Design Patent on expired similar design patent

I have designed and manufactured a sport goggle similar, but not identical to expired (or non-renewed) patent 4176410. My goggles have a different style, configuration (pointed edges vs squared), ...
0
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1answer
70 views

How to get a patent on a design that already has a patent

I have and invented design improvement on a product that already has a patent on the product. Can I obtain my own patent for the new design on that product?
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1answer
98 views

Regarding S. Patent #5769598

In reference to the patent: US5769598 What exactly is protected with this patent number? Is it the exact design of the current "Don't stack" corrugated piece? Can the design be altered and not ...
1
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0answers
34 views

How to patents a design Idea for a device [closed]

Good day, Please how do I get a patent for a design Idea that I have so that Someone doesnt not go behind to create the same device and I loose in all? Thank you
4
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1answer
606 views

Can this patent be invalidated?

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 ...
2
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1answer
108 views

My design around of a patent is being made obsolete by a reissue, what are my options?

I innovated and filed for a utility patent on an invention that had been patented. Now the owner of the original patent has filed for a reissue of his patent. The new claims are broader and basically ...
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1answer
80 views

hypothetical situation: utility to design patent - wanted utility patent already gone; can I create a design patent based on existing utility patent

I filed for a utility patent and afterward I found someone's utility patent that won't allow mine to be approved. A close example is: applying for a specific design for a shoe and hoping that it ...
0
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2answers
80 views

Patent Design Public Domains

Company A obtained a design patent(unpublished)in 1990 which was granted and enforce. Company B during the enforcement period of 1995, decided to apply for a utility patent, using the methods of ...
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0answers
259 views

Elevator driven by flat belt in EU

I am currently doing some research about elevators driven by flat belts. There seem to be a few patents regarding the use of flat belts for elevator suspension means. I found patents US8157058and ...
4
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3answers
7k views

How “different” must an invention be to be patented?

Is it worth pursuing a patent for something that seems like a variation of what someone else has already submitted an application, advertised, published, created or marketed, etc? How "different" ...
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1answer
35 views

Availability of patent 361, 211 [duplicate]

Is this patent expired or still in use? How do I find out if this design patent is still valid
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1answer
98 views

Should I file for a design patent or an utility patent?

I have a new invention that it will help a coffee machine to be more hygienic and more practical. I am confused and I don't know whether this is a design patent or utility patent.
2
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1answer
958 views

Should I publish my idea prior to releasing a product to prevent a competitor from filing a blocking patent?

I have an idea for a new product but I have not yet manufactured or commercialized it. I am concerned that another company could block me from selling my product by filing for a patent on my idea ...
1
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2answers
338 views

Should I build a mock up of the improvement I am looking to patent before filing?

I am looking to make an improvement on a product already in place. Is it crucial to build a mock up of what I am proposing? How specific do I need to be with my improvement idea? Do I need to include ...
2
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1answer
987 views

Wallet Patent - Public Domain

Are wallets patent-able? How would I know if a patent is in the public domain? I am wondering if this design or similar designs have a patent? http://www.etsy.com/listing/125697284/retromodern-...