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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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Why did my patent on game rules not prevent these subsequent design patents?

I invented a game whereby I took the game called 4-Square and raised it 7 feet in the air and so you play it like a 4-way volleyball game ... 4-Square in the air. I obtained Patent US 7,608,000, ...
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741 views

Apple patent page turning animation - any prior art to invalidate this?

Apple have just been granted patent D670,713 "Display screen or portion thereof with animated graphical user interface" A New York Times blog post discusses possible prior art references. How ...
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2answers
8k views

Protecting a User Interface: Design Patent and/or Copyright

I have been reading that it is possible to file Design Patent(s) and Copyright applications on top of non-provisional utility filings. To my understanding (I am an engineer so please bear with me :) ...
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3answers
125 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 ...
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1answer
107 views

Cost of a patent

I know the cost will probably vary greatly but what is the "average" percentage of each cost of the patent. If cost percentages varies between utility and design patents I would like to know primarily ...
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2answers
151 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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542 views

Prior Art for Apple's iTunes Design Patent (Circle with Notes in the Middle)

A design patent covers the ornamental features of an article of manufacture. As with standard "utility" patents, a design patent must also be novel and nonobvious. For a number of years, the USPTO ...
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1answer
98 views

How to protect the intellectual property of a document layout?

I want to protect the intellectual property of a design for a certificate (diploma) that is non-trivial and distinctive. Most of the distinctiveness of the design comes from the position of the ...
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3answers
727 views

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 ...
4
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1answer
110 views

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 ...
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2answers
329 views

D/285,860 and D/253,629 - These look like an ordinary skateboards

The two styles shown are standard skateboard shapes that have been around for decades (surfboard-shaped and "fishtail"). There's lots of varieties of both these shapes in production everywhere. The ...
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1answer
374 views

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
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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 ...
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1answer
513 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 ...
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2answers
180 views

One design patent for multiple interchangeable parts on a product?

Can I get a single design patent for a design with multiple interchangeable parts? Let's say I design a hat with multiple interchangeable decorative parts. You could buy the base hat with some velcro ...
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4answers
333 views

Would a graphic design project constitute as prior art?

Back in 1998 when I was going through my GCSEs (high school) I took graphic design and two of my projects were: a phone, and a car. My phone concept I believe (if it was valid), would be a good ...
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3answers
67 views

Should a 3D designer be on patent?

I am a 3D designer (SOLIDWORKS, AutoDesk, etc...) who does product design, mechanical engineering, 3D modeling for people with ideas for new products. I previously worked at a state educational ...
3
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1answer
621 views

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?
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1answer
175 views

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, ...
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1answer
67 views

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, ...
3
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1answer
890 views

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 ...
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1answer
54 views

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.
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1answer
154 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 ...
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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 ...
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1answer
66 views

How to search for examples of design patent applications?

I want to learn by looking at some examples of design patent applications. Is there a public repository of the history of a design patent application process as there are for trademarks? Thank you ...
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1answer
48 views

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 ...
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2answers
276 views

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 ...
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3answers
3k views

What constitutes enough of a change in a design patent for me to construct something for personal use?

I have absolutely zero understanding of patent law, and have only just discovered that it's illegal for me to reproduce a game called "9 Square in the Air" for personal use due to two "ornamental ...
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1answer
45 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 ...
2
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1answer
102 views

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 ...
2
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1answer
81 views

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'...
2
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1answer
59 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 ...
2
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1answer
185 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 ...
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1answer
78 views

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 ...
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1answer
110 views

this is a design from the 1960s by Gysin & Sommerville

this design has been created by Brion Gysin and Ian Sommerville in the 1960s... you did NOT invent neither the contraption, nor (even less) the "ornamental design".
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1answer
29 views

beelinereader patent coverage

I am a fan of beelinereader, I want to use same idea to implement a reader app,in their website it is written that their technology is patented as here https://patents.google.com/patent/...
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3answers
379 views

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 ...
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2answers
310 views

Everything I need to file my design patent - application examples?

I have been searching for an easy sample application for a design patent. I feel The USPTO is not really that good at providing an example filing application bundle. I will be filing as a Micro Entity ...
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1answer
78 views

How can I tell if my product would infringe on a previous design patent?

I am looking to manufacture and sell a "cocktail shaker set" I've found a few patents that might prevent that, but I have no idea how patents work nor do I know if so.ething this broad can be ...
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1answer
158 views

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, ...
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3answers
70 views

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.
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1answer
909 views

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 ...
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1answer
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163 views

Office Action response on Design patent application

I received a 1st OA on a design patent application. The examiner advised me to convert screws in the drawing to broken lines and add a broken line statement to the specification indicating I am not ...
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1answer
35 views

Why Cite a Patent when filing for a Design Patent? - Example

Why would one cite another patent, specifically when applying for a design patent (non utility)? I have seen design patents that have been cited by other patents. But also design patents that cite ...
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1answer
11 views

How to Patent Artwork Plus Captioning

I have an idea for a T-shirt design. It involves artwork plus captioning. Do I have to patent the artwork and the captioning separately? How does one afford such patents?
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1answer
62 views

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 ...
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1answer
72 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 . ...
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2answers
398 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 ...
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1answer
127 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 ...