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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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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 :) ...
Chris's user avatar
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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 ...
Stephen Kellett's user avatar
8 votes
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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, ...
Brad Butler'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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4 votes
2 answers
573 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 ...
Dennis Crouch's user avatar
4 votes
2 answers
353 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 ...
Rachel B's user avatar
4 votes
1 answer
141 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 ...
Shub's user avatar
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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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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
  • 111
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
4 answers
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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 ...
MatthewFord's user avatar
3 votes
1 answer
126 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 ...
Victor's user avatar
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3 votes
3 answers
116 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 ...
Golightly's user avatar
3 votes
1 answer
1k 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?
Samuel H's user avatar
3 votes
1 answer
119 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 ...
Carefully Planning's user avatar
3 votes
1 answer
74 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, ...
Mikhail's user avatar
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3 votes
1 answer
1k 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 ...
Kimmy W.'s user avatar
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3 votes
2 answers
301 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 ...
Jim Fantasia's user avatar
3 votes
3 answers
4k 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 ...
xtraorange's user avatar
3 votes
2 answers
601 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 ...
Kristen M's user avatar
3 votes
1 answer
137 views

Creating a similar product to a patented product

In reference to the patent: USD613180 I am in interested in creating a similar product that cooks potatoes/vegetables in the microwave, but the name would be different and the design would include a ...
user19060's user avatar
3 votes
3 answers
2k 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 ...
JCML's user avatar
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3 votes
1 answer
391 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, ...
Babak Rz's user avatar
3 votes
2 answers
126 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 ...
user15505's user avatar
3 votes
1 answer
72 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.
Danyele's user avatar
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3 votes
1 answer
93 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'...
Alberto Rosas's user avatar
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
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
  • 31
3 votes
1 answer
85 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 ...
Carl brooks's user avatar
3 votes
1 answer
126 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".
smoke me darling's user avatar
3 votes
2 answers
185 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?
Wellz's user avatar
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3 votes
1 answer
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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/...
user818117'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
  • 111
2 votes
1 answer
3k 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 ...
Curious fellow's user avatar
2 votes
1 answer
47 views

Which tools works for patents analytics?

I'm looking for getting some insights though patents analytics to know if my company's products are patentable. I already check some papers about it. I'm just starting so it would be cool to get an ...
CATALINA BEATRIZ PEREZ-GARCIA's user avatar
2 votes
1 answer
289 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 ...
Victor's user avatar
  • 115
2 votes
3 answers
96 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.
Paul's user avatar
  • 21
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
2 votes
1 answer
74 views

design on the patent US20040213428

What will part 12 in the drawing say about the designs? (in the patent US20040213428) Can I use same design on the part but with an other angle?
Peter's user avatar
  • 21
2 votes
1 answer
168 views

What exactly does the ornamental design for a dual-action vibrator entail?

Is this for the outside shape? The mixture of materials? Please describe in detail what this design patent actually means.
user1585's user avatar
2 votes
1 answer
54 views

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 ...
user17374's user avatar
2 votes
2 answers
156 views

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
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
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
  • 323
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
1 answer
459 views

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
  • 21
2 votes
1 answer
142 views

How do I know if a bidet is covered under a patent?

I have a kitchen and bath website. I was going to sell bidets on it, that I would buy from overseas, but now I'm worried about patents on the designs, since they are all similar. I did a patent search,...
user3226's user avatar
2 votes
1 answer
79 views

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
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
  • 121
1 vote
2 answers
34 views

How much information about my invention can I disclose to a large audience without compromising my ability to patent the invention in the future?

I'm currently working on a new energy generator as part of an independent engineering research project at my university (in the US). I have the idea fine-tuned, and I'm ready to build the prototype. ...
AJosh_09's user avatar