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Questions tagged [design-patent]

A design patent is a special kind of patent that covers the ornamental design, as opposed to the workings, of a functional item.

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A patent from a company and from private

It may be a silly question, but I cannot answer to myself. Let's say I have a big invention in my hands and I am working as engineer in a company. Are opening two main scenarios: Finalize the ...
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Design and Utility Patent for Same Invention, Ex Parte Quayle

Dear Patents Exchange! I have filed design patents and utility patent for my invention. The utility patent is still under examiner and I have received an Ex Parte Quayle decision on the design ...
Miko Filppula's user avatar
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When to file a design patent

Each day I am getting closer to taking a prototype I have been working on to market. Before it goes public, I would file for a provisional utility patent to determine if it is even a viable product, ...
Lanet Rino's user avatar
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1917 Patent US1239172 A

I just found this patent from Sept. 4, 1917 that my Great Grandfather designed and filed for patent in 1916. How would I find out if it was bought, used, etc.?
Amy Brown's user avatar
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Do i need to file multiple design patents if the product can use different country plugs

My design uses an integrated plug, for example US, EU, European plugs, do i need to file multiple design patents for the different plug options? Or is one plug ok to show the ornamental design for ...
Chris's user avatar
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Can a U.S. design application claim priority of a foreign invention application?

I was always under the impression that inventions, utility models and designs can all claim priority using each other, with the exception that inventions cannot claim priority using a design ...
JCML's user avatar
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Provisional patents for software

I am trying to submit my first provisional patent in the UK but I keep getting confused about what sort of information I should put in at this stage. I know I should put as much information as I can, ...
Babak Rz's user avatar
6 votes
5 answers
226 views

How to protect an app whose functionality is not novel, but the GUI is

I have an app whose purpose isn't novel, but the way the GUI helps serve that purpose is. There are many apps built for this same purpose, but not a single one of them have a GUI similar to mine. I'm ...
shoe's user avatar
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I spoke to a patent attorney about an idea with a drawing.

He professed it wasn't worth anything and that it would be too costly to bring to market (this was maybe 7yrs ago). It is now showing a patent pending and is being marketed through several sources. ...
Candice Smith's user avatar
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Additional Design Patent as backup for a Provisional Patent (strategy)

I am considering filing both a provisional patent application and a design patent application. The design patent application would be a backup if the reviewer would abandon the provisional, so that at ...
Hannes Grebin's user avatar
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Infringement Issues

How does a company become competition for a company who has an existing patent on the product that we wish to sell? We are creating a foam roller company where our initial patent search did not ...
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Who gets credit on a patent?

I'm a student who I developing hardware/software for a product design that is going to be patented (applied). Am I being used? Or should I only do the work to develop the prototype if I get credit on ...
Engineer's user avatar
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Is this patent [US7611025] applicable in India?

In reference to the patent: US7611025 Is this patent [US7611025] applicable in India? Would appreciate if anyone could guide me on how to confirm the same.
Paul's user avatar
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Can I patent an architectural design?

Can I patent an architectural design? I have a design that is very unique, but I am not sure if I can patent it. And how should I get it patented and from where? I live in India. Can I patent it in 2 ...
Curious fellow's user avatar
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How to check whether the invention is already patented

Suppose i have invented something useful. before applying for a patent is there any way which will help me in identifying whether the invention is already patented or not.
RAJA THEVAR's user avatar
3 votes
1 answer
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Can a product that is 6 years old be patented?

I am starting up a furniture company. I was working at another furniture company, but they are going out of business. None of their models had patents on them. The newest model has been being sold ...
Carefully Planning's user avatar
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I would like to know if this patent is a design patent

In reference to the patent: US3281863
james cross's user avatar
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2 answers
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Can a similar product be made?

In reference to the design patent: USD 666,896 S1 Can a similar product be made without violating this patent? What exactly is patented? The loops? The look?
user15622's user avatar
1 vote
1 answer
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Does functionality block ornamental protection in design patents?

I have finished a design patent for an antenna. This effort was based on the existence of many design patents for antennas in the USPTO... https://www.google.com/?tbm=pts#q=antenna&tbm=pts&...
JSH's user avatar
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Filing dates utility provisional application versus follow up design patent application

I filed a utility provisional patent application less than 1 year ago. If within 1 year of the utility prov appl filing date I also file design patent application(s) for the same idea, will the ...
user15505's user avatar
2 votes
2 answers
177 views

Is It Possible to Notify Small Infringers With An Informal Letter

I was just issued a design patent 10/27/15 (application filed 2/13). The problem is that in the last 2.5 years since I applied for it, many small vendors have taken my design and are selling it ...
Christina's user avatar
2 votes
1 answer
92 views

Advice and Clarification on Method claim

I would like to get some clarification regarding how method claim works. I’m developing a diagnostic system in the line of invention described in http://www.google.com/patents/WO2014201088A1?cl=en . ...
Inventor's user avatar
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If I paid someone to help simulate my design, does he have a right in the patent?

In the US, if I paid someone to help simulate my new product design using some computer software (but the idea is completely mine), does he have any right in the design / patent? They have already ...
student1's user avatar
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What is the patent specifically protecting on this product?

In reference to the patent: US D675,875 S1 What exactly is the patent on this product?
Aaron's user avatar
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3 votes
1 answer
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When do the rights granted by a design patent vest in the USA?

Do they vest once the design patent is granted or do they go back to some period earlier (retroactive)? I’m asking specifically about design patents.
Danyele's user avatar
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1 answer
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Media device design patent and other types of products

If design patent is granted for a media device, will it also cover other devices which are not “media devices”? For instance, US D497,618 S1 is a design patent for an iPod. If someone makes a toy, ...
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Is this patent valid in México?

In reference to the patent: USD 705,533 S Is this design patent valid worldwide? I've been selling a similar product (different in design, materials and size) for years without knowing about this, I'...
Alberto Rosas's user avatar
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1 answer
199 views

Replicating Tandy TRS-80 model 100 notebook computer for-profit

Are there any patents that would prevent someone from replicating the Tandy TRS-80 model 100 notebook computer, for instance putting a raspberry pi inside of it and then selling it? It has been over ...
Deign's user avatar
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1 answer
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Can a design patent be issued based on an existing product?

Does Prior Art apply to Design Patents, and can they be invalidated based on Prior Art? Specifically, if a product has been on the market for twenty years without modification, can an unrelated ...
Kimmy W.'s user avatar
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4 votes
1 answer
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Design Patent US D697,706 - human hand umbrella handle

I think there is likely prior art for Design Patent US D697,706, "Handle": Here is an example of a 19th century Chinese human hand umbrella handle: Source: AncientPoint.com
Pateen's user avatar
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What is the scope of US D680,805 "Wide mouth flask"?

In reference to the design patent: US D680,805 "Wide mouth flask". So any flask or bottles like these can't have this type of cap?
Samuel H's user avatar
2 votes
1 answer
76 views

Scope of a worldwide grant?

Wondering what the scope of a worldwide grant / transfer of all IP, either via an employment contract or explicit transfer is? I ask as a number of countries are not members of the WIPO, others have ...
arober11's user avatar
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2 answers
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Can I patent a 5 year old invention

I have an item I invented over 5 years ago. I assume it would be considered a "design-patent" since what I have invented is a new design on an old item. The item (design) has never been published in ...
Jim Fantasia's user avatar
1 vote
2 answers
142 views

Protecting App UI & Features

I have an app that introduces an innovative user interface & features and I would like to take steps to protect it. From my understanding it is possible to patent/copyright user interfaces and ...
AlexVPerl's user avatar
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3 votes
1 answer
167 views

Is this design patent enforcable?

Company A files an application for a design patent in January 2013. This is an improvement to an existing, widely sold product and the same type of improvement was previously added by others to ...
Bob Houghland's user avatar
4 votes
1 answer
122 views

Why does this design patent list assignments?

Reference to patent: USD623,571 I'm looking at the noted Legal Events for this patent. Why are assignments given for this design patent? You can see the sssignors on the Google webpage, but not on ...
meta9's user avatar
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3 answers
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To determine the novelty of the idea

I'm trying to build a hexapod with several new capabilities and all the features used are not my original creation but the idea of combining them together to form a bot is my idea, and there is no bot ...
Karthikeyan R's user avatar
2 votes
2 answers
2k views

How can I make sure my design doesn't infringe on existing design patents?

I have been looking to design an ornamental vehicle steering wheel rim that illuminates from a light source, but I don't know if this have been patented or produced by the auto manufacturers yet. How ...
meta9's user avatar
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0 votes
1 answer
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Is my item to similar to US 20070068895 A1 for me to get a patent?

this is my art(decorative wine bottle covers)that I sell on etsy. I recently had someone ask to collaborate with them by selling them partially made wine bottle covers that they could finish with ...
Nichole Young's user avatar
2 votes
1 answer
44 views

How to search patents using inventors name

Gustave F Ockrassa is my great-grandfather as well and I would like to know if there are any other patents under his name and the status of this existing patent. Never knew this existed and would ...
Chuck Ockrassa's user avatar
2 votes
0 answers
97 views

First Sale Doctrine applying to physical goods

In an example scenario when a person purchases a 30 pack of Kleenex then makes and sells lunch packs each of which includes a box of Kleenex. Is this person protected by the First Sale Doctrine to ...
yamori's user avatar
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0 votes
1 answer
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USD670286 - Do glossy lines on a surface count in a design patent?

This patent has been cited as an example of patenting a rounded rectangle, as the solid lines appear to form only a rounded rectangular frontal shape. However, do the "glossy" shading lines on the ...
Annie's user avatar
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2 votes
1 answer
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Patenting firmware along with sensor design. How do I start?

I've created a wireless parking space sensor using a specific micro-controller and other components. I'm sure the same components used can be utilized in a different manner by others just with a ...
Eduardo's user avatar
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1 vote
3 answers
461 views

Design patents for tapes of varying shapes and sizes?

Let's say I have an idea about tape. This tape has always had the capability to be sold in color, but never into different shapes. It has always been sold in a straight line. I want to make them in ...
Matt's user avatar
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1 vote
1 answer
938 views

Design or utility patent? Do I need to file multiple variations to protect my idea? Do I need create an exact working example of my idea? and more

If I wanted to produce sticky fore-arm straps that wrap around the fore-arms for competitors to use in the worlds-strongest-man competition to get a better grip when they pick up big circular stones (...
user827304's user avatar
3 votes
1 answer
203 views

Someone patent a design 2 years after I published a research papers.

I wanted to develop a product based on my Ph.D. research carried out in 2002. I published a paper about my design in "Review of Scientific Instruments" in 2002. However, I just found out that a ...
xmjiang's user avatar
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1 vote
1 answer
217 views

Apple's iphone design patent

How would apple's design patent for the shape of the iphone could have been non-obvious as a design patent? please don't jump right away.. The iphone was innovative in most respects when launched, I ...
matanox's user avatar
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2 answers
119 views

Where do I find the list of patents and designs for a given company?

Is there a way to look up patents and designs in the UK and USA for a given company?
Wojtek's user avatar
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4 votes
1 answer
576 views

Finding design or utility patent

Few months ago, an idea went over my head. After some thinking, I though I had first to do a search over the internet to see if my idea already existed. And it existed. I found out that there is a ...
Reinherd's user avatar
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3 votes
1 answer
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When to get a patent after designing a product

I am thinking of designing a particular phone case. My question is normally what is the process between the design stage up to pitching the design? Is it simply: Design product Get a patent on design ...
Carl brooks's user avatar