6

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 this answer.


5

Design patents protect the "look and feel" of a GUI. You don't have to show copying the way you do with copyright. A design patent is infringed if another GUI would be confused for yours by an ordinary observer. Here is an example from Apple v Samsung The Samsung GUI was found to be "confusingly similar" to Apple's patent even though there were many ...


3

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 Europe this is referred to as inventive step.) To earn a patent, your invention must pass both tests. In your case, the invention passes the test of novelty ...


3

Columbia Masterworks, now held by Sony, used a very similar logo on their 78 RPM records for a number of years. The following images have examples, visible at the top center of each image. While I have no hard release dates for these, the 78 fell out of common usage by around 1950, so they clearly predate Apple. (As this is my first post and I have little ...


3

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, which will take you 30-60 minutes to read and digest: How close is too close? Design Patent Functionality You'll want to understand the basics of Egyptian ...


3

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 appearance, including the relative dimensions and presence of all or very nearly all features. These design patents exist to prevent knock-off products from ...


3

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 case, the object may be a building. As long as your design is novel and non-obvious, your design may be (design) patented. For example, US D648864 S1 covers the ...


3

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 patent expires 14 years from the grant date. Thus, I believe that patent expired on April 15 of 2017. US6913165B2 is the granted patent associated with the patent ...


3

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 rules to be seen as individual figures. If you look at older patents you will see many figures per sheet. However, making the figures small might hurt clarity ...


3

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 use just examples because every patent application is different depending on what exactly and how do you need to protect.


3

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 elements), I presume implementation is feasible if the design is IT based. Design patent can be valid for a particular design and there is no scope for varying ...


2

Getting a patent issued on your improved widget doesn't affect the rights of someone who has a patent on the basic widget. So yes, you may very well infringe something if this is an area thick with granted, in-force patents.


2

This is a design patent. Design patents are not for inventions, but for a unique look or styling. Relevant prior art would be a female connector that looked like this.


2

Usually when we think of a patent we are thinking of a utility patent. They cover the function of something. These are all design patents. Design patents only cover the ornamental aspects of a item of manufacture. Ornamental can mean shape, texture, finish, color, printed material, patterns, reflectivity, translucency, etc. In many cases, as in the ones of ...


2

It's all about the claims. If all of the claims require an A, a B and a specific lock design C and you build an X a Y and a C you haven't made something that falls within the words of the claim. But if one of the claims only includes the lock then you can't make that lock.


2

Obviousness of a design is judged in comparison to existing designs that are located in a search, not by the type of logic you are using. You are using arguments about functionality (users would want a large button) to address ornamentation. A single centered circular button doesn't look like an array of tiny buttons. A portable computing device could be ...


2

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-disclosure obligation? was it really a sale or did you provide it at cost? was it for testing? etc). I'm not too optimistic about the chances, but it is worth ...


2

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 therefor, subject to the conditions and requirements of this title. The provisions of this title relating to patents for inventions shall apply to ...


2

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 for the visual appearance of a product or packaging that conveys the source of the product itself. You are putting (for example) Raspberry Pi hardware inside the ...


2

It the claim states media device - no. But in the case of the iPod, there are probably other rights protecting aspects of the design (trademarks, copyrights).


2

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 currently pending. I think your situation is this. Claim 1 of the prior art reference gives a method of 4 steps. You perform all 4 steps in your method. Claim ...


2

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, the article itself would be considered prior art assuming it was on sale, publicly displayed and publicly used before any patent application was filed. For ...


2

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 litigation and in some circumstances may increase your damages. If you’re considering a patent, remember that the cost of actually obtaining the patent is a ...


2

I'm not an expert in this, but I believe you can used dashed or broken lines to cover elements of the design that aren't to be covered by the patent. This is a good article explaining this. Based on this, I think you would draw the plug portion of your figures in broken lines. Here is the USPTO guide. There is a section there about broken lines: Broken ...


2

It's helpful to understand the standard for design patent infringement to understand what you need to do to protect your design. In 2008 the United States Court of Appeals for the Federal Circuit unanimously ruled en banc in Egyptian Goddess, Inc. v. Swisa, Inc. that a design patent is infringed if an ordinary observer would think that the accused design is ...


2

MPEP 1502 sets forth the differences between the requirements for patentability of a utility patent application and a design patent application. In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an ...


2

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 criteria The invention must be novel It must be non-obvious It must be useful Being novel is not just about no one selling the design. Patent examiners will ...


2

The cited patent is a design patent. Design patents cover the ornamental design of a functional object. Thus, the specific function is not covered by patent, but you should avoid making a product that looks like what is shown in the patent's figures. If your key holder is truly a "completely different design", it is likely fine with respect to this patent ...


2

Assuming you are based in the US, you'll find the USPTO fee schedules to be useful. (The link also includes PCT (Patent Cooperation Treaty) fees for international filing.) The biggest cost will be your attorney's time. If you go with a large, established firm, they are going to bill at a rate of ~$500/hr., minimum. A way to reduce this cost is to find a ...


2

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 standard consulting agreement essentially says "I hire you to do work and I own the work product". Normal design engineering and modeling of an idea brought to ...


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