5 votes

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

Although design patents might be a good way to go, you may be able to gain some measure of protection for your gui with copyright. The pdf found here provides more information than I can provide in ...
  • 9,259
3 votes

Can I patent an architectural design?

Can I patent an architectural design? Yes—using a design patent (which are called registered designs outside the US). Design patents cover the aesthetic non-functional design of an object. In this ...
  • 6,103
3 votes

What is the scope of US D680,805 "Wide mouth flask"?

As described and shown in the patent, the design also covers the top shape and relative dimensions of the flask. In order to be infringing on the design, a bottle would need to be extremely similar in ...
  • 1,735
3 votes

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

Here's my take on it: Step 1: Draw your design. Step 2: Get a perspective on what being ornamental in nature is. Understand what being in the public domain means. I suggest the following reads, ...
  • 203
3 votes

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

USD483982 is a design patent. Design patents cover the ornamental design of functional objects. Basically the shape of the object. For design patents granted before May 13, 2015, the term of the ...
  • 9,259
3 votes

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

There are special requirements for the design drawings. You should definitely discuss the drawings with some draftsman who has previous experiences regarding design drawings. It is not good idea to ...
  • 402
3 votes
Accepted

How to protect the intellectual property of a document layout?

Yes, a document layout can be protected by a design patent. Can refer these patents: USD57233 and USD42128 However, since you talk about variables (of information and of relative position of ...
  • 1,062
2 votes

Can I patent a 5 year old invention

Normally, there is an "on sale bar", so one year after a sale you can't file for a patent. But your situation seems to potentially have some nuance (sold to a friend -- was the friend under a non-...
  • 653
2 votes

To determine the novelty of the idea

As some other answers have suggested, there are two major requirements that are relevant to your question. The two requiresments are: novelty and nonobviousness. (Nonobviousness is a U.S. term; in ...
  • 227
2 votes

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

There is no patent protecting the process of putting hardware in another company's case and selling it, but you will almost certainly be violating someone's trademark. Trade dress is a legal term ...
2 votes
Accepted

Can a design patent be issued based on an existing product?

For the current rules governing Design Patents, refer to MPEP Chapter 16, Section 171: Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent ...
  • 1,735
2 votes

Can a product that is 6 years old be patented?

Not if they were to file a patent application now. When patents are examined, the patent Examiner determines whether the claimed invention is new and non-obvious in view of "prior art." In this case, ...
2 votes

Advice and Clarification on Method claim

WO2014201088A1 is not a patent. It is a published international application, which can never issue as a patent. It has entered the national stage in the US as Application No. PCT/US2014/41863, and is ...
  • 491
2 votes

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

Others have mentioned design patents and copyright. Those are worth considering. Remember that your published work is automatically protected by copyright, but registering the copyright simplifies any ...
  • 171
2 votes

Is a galley / kitchen layout for a small space patentable

There is no way to tell you definitively if your specific design is patentable. That said, there is nothing about the field that precludes patentability. To get a utility patent, there are three main ...
  • 9,259
2 votes

Should a 3D designer be on patent?

You can always try to negotiate the terms of your contract. However, I doubt anyone would hire you on the basis of a paying you for your time and also getting a fraction of the patent earnings. The ...
  • 9,259
2 votes

How to Patent Artwork Plus Captioning

Patents cover inventions. Neither an artwork nor captioning are inventions, and so would not eligible for a patent. You may be thinking of copyright, which covers creative works. If so, that's off ...
  • 6,103
2 votes
Accepted

Design Patent - Having all 7 drawings / figures on 1 page

Yes, many figures can be on one sheet. There is no need to use multiple sheets but if you have more than one figure per sheet you need to be careful that everything is correctly drawn under the USPTO ...
  • 26.2k
2 votes
Accepted

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

For the identical reason patents and other references are cited in utility applications. Design patents are searched and examined by patent examiners. What they turn up in the search ends up cited at ...
  • 26.2k
2 votes

Office Action response on Design patent application

The USPTO MPEP manual explains patent office procedure. This section is titled - 37 CFR 1.121 Manner of making amendments in application. You will need to study this and follow the required ...
  • 26.2k
2 votes
Accepted

New data visualisation - Design or Utility patent

This is an answer assuming US patent law. A design patent is for the ornamental appearance of an item of manufacture. An example would be a vase with a specific color, shape, and artistic design. You ...
  • 26.2k
2 votes

Can anyone tell where it is possible to check status and validity of an official design patent?

The best site to check a US patent's status is the US Public Pair. Pair is extremely picky with respect to specifying the document to be searched. In this case, get past the CAPTCHA and then select "...
  • 9,259
2 votes
Accepted

How to search for examples of design patent applications?

Yes - Like all types of patents, all of the back-and-forth between the applicant and the USPTO are available to the public. They can be found in Public Pair. You will need to enter either the ...
  • 26.2k
2 votes

Can a specific idea for art be protected or patented?

Can a specific idea for art be protected or patented? Art cannot be patented it can only be protected by copyright Example: I draw a funny cartoon of an employee falling asleep at a staff meeting. ...
  • 1,211
2 votes

Should I file a design patent on a different embodiment of a utility patent?

Design patents cover the ornamental aspects of an object. If a shape has functional properties it can't be covered by a design patent. This is a complex area where judges try to separate the ...
  • 26.2k
2 votes

Once I submit patent forms can I start selling my invention and it be protected?

The only "micro form" I know of with the USPTO is the form/checkbox to claim micro-entity status to get reduced fees. I assume you are talking about the filing of an application. Once you file an ...
  • 26.2k
2 votes

Minimum number of figures for design patent

The USPTO guidance on drawing views is very clear and copied below. If you were claiming an icon on a computer screen you would most likely have a single view since it is flat with no side, top, back ...
  • 26.2k
2 votes

Minimum number of figures for design patent

To complement George White's excellent answer, I'd like to focus on the following phrase in the USPTO guidance: The drawings or photographs should contain a sufficient number of views to completely ...
  • 9,259
2 votes

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

The normal way of handling this is the use of a non-disclosure agreement (NDA) also called a confidentiality agreement (CDA). As long as the recipients of your presentation sign an NDA then your ...
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