Category Archives: Design patent

QUICK PATENT FILING TO PREVENT COPYING

07 Sunday Jul 2019

Posted by in Design patent, patent application, Utility patent

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QUESTION: Can I rush and file this patent in US to prevent the US company from copying it?
I recently shared an idea and developed a machine with an oversea factory, but already delivered the machine to a US company per their request (they paid for the machine but not the design). Can I still file a patent in US to prevent the US company from copying the idea? the US company is on east coast but I’m on west coast. What is the quickest way of securing this design ownership? Currently there is no MPA or any agreement preventing any parties from making copies.

ANSWER: Yes, you can still file a patent application. Quick ways can include a provisional patent application and/or design application.

LIMIT OF DESIGN PATENT PROTECTION

15 Wednesday May 2019

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QUESTION: What is the limit of protection from a design patent?
For example, if you design an office waste basket in the shape of a bird, and have this design patented, what can your competitors do legally. Can they still make a similar waste basket if they slightly modify the design of the bird? Or would this be a violation against your patent? I appreciate your time and input. Thank you!!

ANSWER: Design infringement occurs when the allegedly infringing device is substantially the same as the design patent, when viewed by an ordinary observer. Unfortunately, the infringement test is not based on an amount of difference (e.g., slight).

SHAPE OF BROWNIE FOR DESIGN PATENT

13 Monday May 2019

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QUESTION: Hi, is it possible to get a design patent on something like ???a multivitamin in the form of a brownie????
Is it possible, to get a design patent for something described as ???a multivitamin in the form of a brownie???? Or would you have to be much more specific? Also I assume you couldn???t get a utility patent on this product since I would imagine anyone would be free to add supplement ingredients to a brownie. Can you answer these questions for me? Thanks!

ANSWER: A design patent covers the overall shape of something. If your vitamin is in the shape of a brownie, a design patent might be possible. But it sounds like you are putting vitamins in a brownie, which would then be in the realm of a utility patent, which would seem difficult to obtain in your situation.

PATENT A DESIGN

12 Friday Apr 2019

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QUESTION: Can you patent a design of a truck?
We are a aftermarket automotive design company that offer flared fenders and truck bedsides, we want to patent a design so our competition doesn’t copy our parts, which they have done in the past. My main question cal we do it?

ANSWER: Yes, if the design is new and not obvious in view of prior designs.