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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 ...


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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.


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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'.


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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. ...


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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 ...


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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.


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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It's fine to not have surface shading, as long as your drawings are clear without it. That is, surface shading is just one technique that is used to completely and adequately show the nature of the design you are claiming. MPEP § 1503.02(II) specifically addresses this exactly question. While surface shading is not required under 37 CFR 1.152, it may be ...


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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.


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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 ...


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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.


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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.


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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.


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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 ...


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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.


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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 ...


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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. ...


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