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5 votes

How "different" must an invention be to be patented?

Quoting from http://www.bitlaw.com/patent/requirements.html If an invention is not exactly the same as prior products or processes (which are referred to as the "prior art"), then it is ...
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  • 283
3 votes

Can I reclaim the broken line features in Design application drawings during prosecution?

MPEP 1504.04 discusses converting originally disclosed broken lines to solid lines: "an amendment that changes the scope of a design by either converting originally-disclosed solid line structure ...
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3 votes

Regarding S. Patent #5769598

The Claims describe exactly what a patent covers. In most cases, the first claim is the most general. In this case, the first claim says "A combination stacking damage detector and antistacking ...
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2 votes

Can someone steal the designs associated with a patent application that has not been granted? Are the designs afforded protection?

If the application is rejected, the claims are likely deemed not patent eligible which means others can use them, but not patent them. (Even if the rejection is based on some other factor, the ...
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  • 913
2 votes

Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent

Design patents cover the ornamental design of functional objects. This page describes what a design patent is and compares them to utility patents. What is covered is described in the patents drawings....
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  • 9,607
2 votes

which patents were prior to this patent D698,996

Design patents cover the ornamental appearance of an item. The patent in question was issued a final rejection for not being novel in light of US5,003,993, Silver. The applicant pointed out that the ...
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  • 25.3k
2 votes

Can a registered Community design be enforced in the USA?

A European intellectual property right is not enforceable in the US. It is enforceable on imports into a country where the protection applies. I can't find more information on this special design ...
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  • 5,827
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 ...
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  • 9,607
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 ...
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  • 25.3k
2 votes

How "different" must an invention be to be patented?

Worthiness of a patent having a variation (marginal/drastic) can be gauged in different terms. However it is advisable to gauge worthiness of patent in terms of technological advancement, consumer ...
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  • 776
2 votes

USA Citing a patent that is european

The benefit to the applicant, if it is a U.S. application, is otherwise any patent you get might later be torn up for violating your duty of disclosure whatever you know about significant prior art. ...
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  • 25.3k
1 vote

Basic Shaped Products Design Patents

As mentioned in comments, it is not how simple or fancy it is. It needs to be a novel and non-obvious ornamentation of something. A design patent must relate to an "item of manufacture". A ...
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  • 25.3k
1 vote

Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent

If I can add something to my quick answer. I just looked at the design patent invoked. It seems this gentleman only has rights in the US and nowhere else. I clicked on: Darts-IP OVERVIEW OF PATENT ...
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1 vote

Can an improvised device made of used packaging be patented?

To obtain a patent, an invention needs to be useful, novel and non-obvious to a person skilled in the technical area. To me, your description doesn't meet the non-obviousness requirement since you are ...
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  • 9,607
1 vote

Can I reclaim the broken line features in Design application drawings during prosecution?

I have seen many office actions on design patent applications that we have worked over years, In most cases examiner will not allow reclaiming a portion of the design by converting broken line to ...
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1 vote

Patent comes up in European Patent search but not in US

Prior art for novelty and for inventive step is assessed worldwide, so it doesn't matter where the document originated, it has to be considered for patentability. For patent infringement only the ...
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  • 5,827
1 vote

Can I apply for design patent whilst I have a utility application pending?

Yes. Read for example this article for more background information: http://www.cdfslaw.com/publications/practice-tip-claiming-priority-design-utility-patent-applications/ Design and utility patents ...
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  • 5,827
1 vote

Can someone steal the designs associated with a patent application that has not been granted? Are the designs afforded protection?

While you may lose the right for patent protection of your designs if a patent is not granted, you may still have some protection under copyright law for the appearance of the designs. Copyright ...
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1 vote

Can someone steal the designs associated with a patent application that has not been granted? Are the designs afforded protection?

By publishing them your designs lose novelty and cannot be protected anymore, unless you can claim priority to the pct application. I am not sure if that is possible, especially after so much time, ...
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  • 5,827
1 vote

PCR based diagnostic kit. Primer design

To answer this question requires some specialized knowledge. Fortunately I know a bit about this field. If you are trying to get a patent in order to make money licensing to other companies, there is ...
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  • 9,607
1 vote

What if I do not know how to design the circuit board for my idea?

I've contracted engineers and product development firms several times. The standard agreement is that any patentable content developed during the course of the agreement would be owned by you (or your ...
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  • 9,607
1 vote

Does a patent owner need to provide details of the patent on request?

One example that would lead me to believe 'no': Consider a modern cellphone, which could easily comprise technology covered by 100s of patents. Would it be reasonable for Apple to maintain a list of ...
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  • 1,186
1 vote

Invention purchased including rights to intellectual properties

Short: No. Long: One requirement for patentability is called novelty. It basically translates to “nothing which is known to the public (be it by public use or publication) can be patented.“ However, ...
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  • 5,827
1 vote

What is the scope of a particular design patent?

The examination process for design patents is extremely limited. In this case, it seems like an invalid patent was granted. Yes, the scope of this patent is almost infinite because the claimed design ...
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1 vote

Lapsed Patent outside of US

The Australian patent represents prior art even in the US. It doesn't matter whether or not it is lapsed. Whether the new patent application will be granted depends on how "similar" the prior art is.
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  • 9,607
1 vote

Obtaining Design Patent on expired similar design patent

Patent 4,176,410 at least is long dead (i.e. very expired). Of course, there could be other patents out there to worry about, but 4,176,410 is not a problem for you. You can see when this patent ...
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1 vote

How to get a patent on a design that already has a patent

You must introduce some novel aspect to that product' design. You would file for a patent on that novel aspect. If the novel aspect has not been discussed before you have a chance of receiving a ...
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  • 131
1 vote

Availability of patent 361, 211

Assuming you mean the design patent, D361,211: this issued in 1995 and expired 17 years later in 2012. So it's dead and cannot be revived. http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&...
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  • 111
1 vote

Can this patent be invalidated?

Since theirs is a design patent, not a utility patent, I'd focus on making a distinctive visual appearance for my bottle design, and then do another design patent on that. Don't confuse design and ...
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  • 259
1 vote

My design around of a patent is being made obsolete by a reissue, what are my options?

In order to be allowed, the broader claims must be supported by the disclosure of the original application, and be novel and non-obvious in light of art prior to the original application's priority ...
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