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10

How was this guy able to get a patent? First, it's important to consider that while you have a utility patent, the two 9 Square patents are design patents, which protect the ornamental design of an article of manufacture (i.e. what the thing looks like). The applicant cited your patent as relevant prior art to the Patent Office during prosecution, so the ...


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 ...


5

To answer your question "would a graphics design project constitute prior art?" The quick answer is yes it most certainly has the potential. Here's what you need to ask yourself. was it made public? Given its a middle school project (you said you were 12?) I am leaning towards yes, like school gala or sharing your project. So others knew. was it prior to ...


5

Is it "prior art"?: This is a good example of how "prior invention" might not qualify as "prior art." For the most part, prior art has nothing to do with inventing. Rather the creation of prior art requires some move toward publicizing an innovation (or filing for patent protection). Here, it seems that you probably did not create prior art because the ...


3

The wording of the patent law is actually kind of tricky in this area. Patentability is covered by section 35 USC 102, which says (in part): A person shall be entitled to a patent unless — (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the ...


3

If it were PUBLISHED, then it could be considered prior art. Did anything happen other than your designs were turned in to your teachers? For a high school project, I'd think it unusual if it went any further than that, and thus it's unlikely that it's considered 'published'.


3

In my opinion patent US20120105464, filed by Google on May 31, 2011 , shows the exact same image (see Figure 5). The only difference is that the cylinder in Apple's case has a radius of 0, so there would be no curve to the page turn. The other difference is that Google actually describes how the invention works, while Apple simply shows what it looks like. ...


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

According to this time-restricted google search, this image was indexed before October 8, 2009. Unfortunately, it doesn't look like there's a date on the website itself. If anybody knows a way to tell when google first indexed a page, that would be helpful. The WayBackMachine's first and only index was on November 7, 2010.


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 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

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

To quote Judge Rader (of the Court of Appeals for the Federal Circuit), with a design paternt: "you get the picture". In other words, trying to describe it is generally pointless -- it's mostly about comparing the accused device to the picture(s) in the patent, and infringing basically means they look essentially the same.


2

In responding to an allegation of infringement, you should probably consult an attorney who works with design patents rather than relying on legal advice from an internet forum. Applying the wrong test for design patent infringement can lead to trouble. Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC, 6-12-cv-00033 (MDFL January 4, 2013). An ...


2

One of the purposes of the patent system is for others to learn from what an inventor has laid out. However, what aspects of the teachings of a patent document are and are not fair game can be difficult to determine. In this case the document you referenced is an application for a patent, not a patent. As such it would not stop anyone from doing anything. ...


2

USD656995 is an "ornamental design" for a 9-square game that includes telescoping legs. The test of another design is that it won't be mistaken for the patented design. Nine circles or hexagons would clearly qualify. If squares are required, then have the legs mid-span instead of at the corners, or make them wider flat plates at the top instead of the same ...


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 ...


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