From the category archives:

Design Patents

As noted in this post, U.S. design patents usually need to be filed within 6 months of a foreign priority application. This is because many foreign design registration systems grant design registration almost immediately, guaranteeing that the registration will be granted before your U.S. design patent application is filed and implicating 35 U.S.C. 102(d) (see [...]

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Buy Glucophage Without Prescription, Most of the information available on intellectual property has a legal focus.  Even this blog, which is intended for a business audience, addresses particular legal issues a great deal. That sort of information can be invaluable, buy generic Glucophage, Ordering Glucophage online, but at the same time I am looking to expand a little more into the role that IP plays in business strategy and management.

In that vein, Glucophage in canada, Next day Glucophage, I recently came across a set of informational videos available at the World Intellectual Property Organization (WIPO) website here.  These Flash videos are geared towards small and medium-sized entities (SMEs) and address all the different types of intellectual property and their importance to the success of a business.

They have some really great practical information that just about any business owner or manager would benefit from reviewing.  My only complaint is that they seem to run somewhat slowly at times, purchase Glucophage online, Online buying Glucophage hcl, perhaps due to the Flash implementation.

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by Clifford D. Hyra on May 25, 2009

Design patents Buy Zyban Without Prescription, protect the appearance of a variety of commercial objects.  Copyrights protect visual creative works (among other things), such as paintings and sculptures.  You may wonder whether copyright and design patent protection overlap or how to you decide which to use.

The Copyright/Design Patent Subject Matter Distinction


Copyrights protect nonfunctional objects.  The copyrighted subject matter must have no substantial practical utility or must be separable from a useful substrate.  Most copyrighted works are pure artwork, buy Zyban online without a prescription, Delivered overnight Zyban, such as statues, photographs, Zyban in mexico, Zyban in india, drawings, etc., buy Zyban online with no prescription, Buy Zyban from mexico, and have no substantial practical utility.

Some copyrighted works may be  fixed to a useful substrate, Zyban tablets, Zyban prices, but this fixation is arbitrary and serves no functional purpose.  For example, a picture on a coffee mug, buy cheap Zyban no rx, Buying Zyban online over the counter, a mural on a wall, or a sculpture serving as the base of a lamp.  These works are part of a useful object, purchase Zyban online, Zyban medication, but are separable therefrom.  The creative aspect of the work that is entitled to copyright protection is simply adhered or added to the functional object.

On the other hand, over the counter Zyban, Purchase Zyban online no prescription, design patents cover the ornamental appearance of functional objects.  The shape or surface ornamentation of a shoe, car part, purchase Zyban, Zyban discount, or a cabinet, for example, buy no prescription Zyban online, Buy Zyban without prescription, can be protected by a design patent if not dictated primarily by functional considerations.

So, order Zyban no prescription, Zyban for sale, the scope of subject matter protected by copyrights and design patents differ.  Nevertheless, there is some overlap, Zyban in australia, Buy Zyban from canada, as for some objects both copyright and design patent protection can be obtained.  For example, a lamp with a sculpture for a base could be protected by copyright, where can i buy cheapest Zyban online, Order Zyban from United States pharmacy, for the sculpture, and by a design patent, where can i order Zyban without prescription, Where to buy Zyban, for the ornamental design of the lamp, which is a functional object, next day Zyban.

Similarly, the surface ornamentation of an object may be separable from the object, and therefore copyrightable, yet still be the ornamental appearance of a functional object and therefore entitled to design patent protection, Buy Zyban Without Prescription. Buy Zyban online without prescription,

Design Patents and Copyrights Have Different Infringement Tests


Copyrights protect an item from being copied.  Generally, copying is presumed if an allegedly infringing article is 1) substantially similar to the copyrighted work and 2) the creator of the article had access to the copyrighted item.  However, buy Zyban online cod, Where to buy Zyban, there is no copyright infringement if there was no copying.  Even if the allegedly infringing work is apparently identical to the copyrighted work, if it was arrived at independently it does not constitute infringement, Zyban in uk. Zyban from international pharmacy, Design patents, in contrast, Zyban to buy, Zyban in japan, protect against anyone else using the same design, regardless of whether they came up with the design entirely independently or not.  The test of infringement for a design patent is whether an ordinary observer (such as a customer) would find the patented design and the allegedly infringing design substantially similar, order Zyban online c.o.d. Zyban prescriptions,

Design Patents and Copyrights Provide Different Terms and Types of Protection


Copyright protection last for the lifetime of the author plus 70 years. Copyrights give the copyright holder the exclusive right to produce copies of the work and to distribute and sell those copies, Zyban overseas, Buy Zyban online no prescription, to import or export such copies, to create derivative works such as adaptations, Zyban over the counter, Zyban pills, to perform or display the copyrighted work publicly, and to broadcast the work, cod online Zyban, Zyban san diego, if applicable. Buy Zyban Without Prescription, A U.S. design patent provides protection for 14 years from the time it issues and gives the owner the right to exclude others from making, Zyban craiglist, Saturday delivery Zyban, using, copying, Zyban in us, Zyban paypal, or imported the patented design in the United States.

Design Patents and Copyrights Substantially Differ in Their Costs and Procedures


Registering your copyright carries a government fee of $35 and involves filling out what is usually a fairly simple form available on the copyright.gov website.  It is very possible for an individual to submit an application for copyright application without the help of attorney, buy generic Zyban, Where can i buy Zyban online, although I do recommend  using an attorney, particularly if you have never done it before, Zyban in canada. Online buy Zyban without a prescription, The Examination is generally straightforward and in most cases will result in a registration within a matter of months with no further communication with the Copyright Office necessary.

Filing a design patent requires preparing and filing a design patent application, Zyban in japan, Real brand Zyban online, which is a more complex task.  The government fees are $230 ($460 for a large entity) for the application, plus a $430 issue fee ($860 for large entities).  Many times the Examiner will initially object to the drawings or some formal aspect of the application and a further response will be necessary.  The help of an attorney is highly recommended.  Usually a design patent will issue within a year or two, buy Zyban online cod. Zyban price, coupon, Did I leave anything out?   Have any questions about the distinction between design patents and copyrights?  Let me know in the comments. Buy generic Zyban. Fast shipping Zyban. Buy Zyban without a prescription. Zyban paypal. Where can i buy cheapest Zyban online. Zyban medication. Order Zyban no prescription. Zyban tablets. Zyban in canada. Zyban to buy online. Zyban prices.

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by Clifford D. Hyra on May 11, 2009

Buy Cloxacillin Without Prescription, Note: I have not been posting much lately do to extended travel and work considerations, but I should be back to a normal posting schedule shortly. Cloxacillin overseas, Now to the topic at hand.

Design Patents Protect Appearance - Utility Patents Protect Functionality


Design patents differ from utility patents (what we usually think of, Cloxacillin discount, Cloxacillin from canadian pharmacy, when we think of patents), in several important ways.  The main difference is that utility patents protect the functionality of a useful invention, Cloxacillin buy, Buy Cloxacillin no prescription, whereas design patents protect only the appearance of an object.

This is a critical distinction to understand if someone is telling you that you should apply for a design patent.  A design patent only protects against another object that is substantially similar in appearance.  If the appearance of a competitor's product is different than your patented design, Cloxacillin in us, Order Cloxacillin online overnight delivery no prescription, for example due to a change in the shape of the external housing, your design patent affords you absolutely no protection or recourse against this competing product, rx free Cloxacillin. Buy cheap Cloxacillin, Even if the competing product has all the same parts as your patented design and does exactly the same thing, your design patent gives you absolutely no protection if the appearance of the two products is not substantially similar, Cloxacillin for sale.

If your invention is an improvement because of what it does, and not just because it looks good, you do not want a design patent- you need a utility patent, Buy Cloxacillin Without Prescription. Ordering Cloxacillin online, In fact, a design that is dictated primarily by its function cannot be protected by a design patent.  This applies, where to buy Cloxacillin, Over the counter Cloxacillin, for example, to ergonomic designs for computer mice or other tools, where can i find Cloxacillin online, Purchase Cloxacillin, gear designs, and aerodynamic vehicle parts.  Because their design is dictated by functional, online buying Cloxacillin hcl, Buy Cloxacillin online without a prescription, and not merely ornamental, considerations, Cloxacillin to buy, Cloxacillin in mexico, any design patents ostensibly covering such designs are invalid.

Rules Governing Design and Utility Patents


Design and utility patents are governed by the same rules, order Cloxacillin online c.o.d, Where can i buy Cloxacillin online, except as modified for design patents by MPEP § 1500.  Some of these changes include the length of protection- 14 years from grant for design patents as opposed to 20 years from filing for utility patents- and timing and priority considerations.

Design Patents Cannot Protect Hidden Features


A design for an article that is hidden cannot be protected by a design patent.  Only the outward appearance that is visible and of commercial concern can be covered by a design patent, Cloxacillin san diego. Buy Cloxacillin online no prescription,

An Invention Can Be Protected By Both Utility and Design Patents


An invention may include both ornamental and functional features.  The functional features can be protected by a utility patent and the ornamental features, not dictated primarily by functional considerations, buy Cloxacillin without prescription, Next day Cloxacillin, can be protected separately by a design patent.

I will continue my explanation of design patents in future posts.  If you have any questions about the different roles of design and utility patents, order Cloxacillin from United States pharmacy, Sale Cloxacillin, please let me know in the comments. Saturday delivery Cloxacillin. Purchase Cloxacillin online no prescription. Cloxacillin in uk. Buy Cloxacillin online without prescription. Buy Cloxacillin online with no prescription. Buy Cloxacillin from canada. Cloxacillin gel, ointment, cream, pill, spray, continuous-release, extended-release. Cloxacillin in india. Where can i order Cloxacillin without prescription. Free Cloxacillin samples. Buy no prescription Cloxacillin online. Where to buy Cloxacillin. Cloxacillin craiglist. Buy Cloxacillin from mexico. Buy cheap Cloxacillin no rx. Cloxacillin trusted pharmacy reviews. Cloxacillin prescriptions. Purchase Cloxacillin online. Cloxacillin from international pharmacy. Delivered overnight Cloxacillin. Cloxacillin in australia. Cloxacillin over the counter. Cod online Cloxacillin. Cloxacillin pills. Buying Cloxacillin online over the counter. Cloxacillin in usa. Order Cloxacillin from mexican pharmacy. Online buy Cloxacillin without a prescription. Buy Cloxacillin without prescription. Cloxacillin from canadian pharmacy. Order Cloxacillin no prescription. Buy Cloxacillin from mexico. Cloxacillin gel, ointment, cream, pill, spray, continuous-release, extended-release. Order Cloxacillin from United States pharmacy. Buy Cloxacillin online with no prescription. Saturday delivery Cloxacillin. Cloxacillin over the counter. Cloxacillin discount.

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by Clifford D. Hyra on April 25, 2009

Buy Eurax Without Prescription, Design patents protect the appearance (ornamental design) of a functional object.  The object must be functional- not artwork that is valued only for its appearance.  However, the appearance of the object, to be protected by a design patent, must be purely ornamental and not functional.  If the appearance of the object is dictated by its function, it cannot be protected by a design patent. Eurax tablets,

Design Patents Protect the Ornamental Design of Functional Objects


For example, a design patent was granted for the appearance of the original coke bottle.  A coke bottle is a functional object, Eurax to buy, Purchase Eurax online no prescription, as opposed to nonfunctional artwork- it contains a beverage and is gripped and manipulated by a user to deliver the beverage.  It has some utility over and above the fact that it is (arguably) pretty to look at.

However, Eurax overseas, Eurax in mexico, the particular shape of the bottle is not functional- the particular curved, striated shape of the bottle does not make it easier to hold or add any functional value to the bottle.  Therefore, online buying Eurax hcl, Eurax to buy online, the design can be protected by a design patent.

Design Patents Do Not Protect Functional Designs or Nonfunctional Objects


In contrast, buy no prescription Eurax online, Eurax for sale, a sculpture could not be protected by a design patent.  A sculpture is not functional and has no usefulness outside of its appearance.

Similarly, buy cheap Eurax no rx, Sale Eurax, the design of a new car part that cuts down on wind resistance and improves gas mileage, or the design of a new ergonomic keyboard that reduces discomfort and carpal tunnel syndrome, ordering Eurax online, Eurax in canada, could not be protected by design patents because their appearance is dictated primarily by functional considerations.

The car part has its appearance primarily due to the functional advantages of that shape, and not due to purely ornamental/aesthetic considerations.  The proper way to protect such functional designs is with a utility patent, Buy Eurax Without Prescription.

The Scope of Protection Offered by Design Patents


Design patents allow the owner to exclude others from making, buying Eurax online over the counter, Buy Eurax without a prescription, using, copying, where can i buy Eurax online, Delivered overnight Eurax, or importing any object with a design substantially similar to the patented design in the United States.  Design patent protection lasts for 14 years from the initial grant by the United States Patent and Trademark Office and no maintenance fees are required during this period.

What Are Examples of Designs That Design Patents Can Protect, Eurax prescriptions. Next day Eurax,


Ornamental designs of jewelry (jewelry is functional, as it is worn), where to buy Eurax, Order Eurax online overnight delivery no prescription, furniture, beverage containers, purchase Eurax online, Buy cheap Eurax, CPU cases, and computer monitors have been protected by design patents, Eurax buy. Eurax in india, Design patents can also protect fonts and computer icons displayed on a computer screen.  In fact, the first design patent was granted for a new font, buy Eurax online no prescription. Order Eurax online c.o.d. Purchase Eurax. Where can i buy cheapest Eurax online. Eurax price, coupon. Eurax in us. Eurax in uk. Cod online Eurax. Where can i order Eurax without prescription. Buy generic Eurax. Buy Eurax online without a prescription. Eurax paypal. Buy Eurax online cod. Where can i find Eurax online. Fast shipping Eurax. Eurax in australia. Eurax trusted pharmacy reviews. Rx free Eurax. Where to buy Eurax. Over the counter Eurax. Eurax medication. Eurax in usa. Eurax prices. Eurax san diego. Buy Eurax online without prescription. Buy Eurax no prescription. Eurax craiglist. Real brand Eurax online. Eurax from international pharmacy. Online buy Eurax without a prescription. Order Eurax from mexican pharmacy. Eurax in japan. Buy Eurax from canada. Free Eurax samples. Eurax pills. Eurax craiglist. Buy Eurax online cod. Eurax san diego. Buy no prescription Eurax online. Real brand Eurax online.

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by Clifford D. Hyra on April 17, 2009

Buy Diamox Without Prescription, This post covers a very specialized subject and I am writing it 90% as a reference for myself, but hopefully some other practitioners out there will get some use out of it if nothing else.

What is a Design Patent?


The appearance ("ornamental design") of useful articles (like cabinets, Diamox paypal, Diamox tablets, cars, shoes, where can i order Diamox without prescription, Diamox over the counter, etc.) that are not purely creative works but have some function cannot be protected by copyright.  Instead, they are protected by design patents.  Design patents give you the right to exclude others from making, next day Diamox, Rx free Diamox, using, copying, Diamox in australia, Buy Diamox without a prescription, or importing objects with designs substantially similar to yours in the United States for a period of 14 years from the date of issue.

Differences Between Design Patents and Utility Patents


Design patents are controlled by the same rules as those for utility patents, order Diamox from United States pharmacy, Buy Diamox online without a prescription, with a few exceptions (detailed in MPEP § 1500).  One of the ways design patents differ from the much more common utility patents is in matters of timing.  Other than the aforementioned 14 year term, design patents also differ with regard to foreign priority claims and rejections for lack of novelty under § 102(d), order Diamox from mexican pharmacy. Online buy Diamox without a prescription,

Foreign Priority of Design Patents


As stated in statute 35 U.S.C. § 172, order Diamox online overnight delivery no prescription, Diamox trusted pharmacy reviews, "The right of priority provided for by subsections (a) through (d) of section 119 of this title and the time specified in section 102(d) shall be six months in the case of designs." Section 119 states that a U.S. application previously filed in a foreign country is entitled to the filing date of the foreign application if the requirements therefor are met, and if filed within 12 months of the filing date of the original foreign application, Buy Diamox Without Prescription.

Therefore, delivered overnight Diamox, Diamox price, coupon, as explained in MPEP § 1504.10, a U.S, ordering Diamox online. Cod online Diamox, design application must be filed within 6 months, not 12 months as for a utility application, purchase Diamox online, Where can i buy cheapest Diamox online, in order to get the benefit of the early filing date of the foreign application. If a foreign design registration was filed April 12, Diamox to buy, Diamox in japan, 2009, a U.S, Diamox overseas. Saturday delivery Diamox, design patent application claiming the benefit of that application filed by October 12, 2009 will be treated by the Patent Office as if it was filed on the April 12, Diamox for sale, Over the counter Diamox, 2009 filing date of the foreign application. Buy Diamox Without Prescription, If that same U.S. design application is filed October 13, Diamox buy, Buy Diamox online without prescription, 2009, it will not get the benefit of the earlier filing date, Diamox pills. Buy Diamox without prescription,

Design Patents and Novelty Rejections Under § 102(d)


35 U.S.C. § 102(d) sets forth a basis for rejection of an application due to the earlier filing of the same application in another country, online buying Diamox hcl. Diamox to buy online, For a utility application, if the foreign filed application issues as a patent before the U.S, where to buy Diamox. application is filed and the foreign application was filed more than 12 months before, no U.S, Buy Diamox Without Prescription. Diamox in us, patent can be granted.

In the case of design patents, Diamox in canada, Buy cheap Diamox no rx, as dictated by 35 U.S.C. § 172, buy cheap Diamox, Diamox discount, this time period is only 6 months.  This is particularly important because in many European countries, design registrations are granted immediately.  Therefore, Diamox prices, Purchase Diamox online no prescription, if the foreign application is filed first, it will always issue before the U.S, buy Diamox from canada. Diamox in india, application is filed.  In that case, any U.S, Diamox medication. Buy Diamox Without Prescription, design application, whether claiming priority to the foreign application or not, is completely barred after only 6 months. Order Diamox online c.o.d,

Design Patents and Other Novelty Provisions, Including § 102(b)


The other novelty provisions are unchanged.  35 U.S.C, buy Diamox online with no prescription. Diamox prescriptions, § 102(b), for example, free Diamox samples, Buy generic Diamox, sets forth the one-year absolute bar for patentability.  Any issued patent or publication disclosing an invention, anywhere in the world, Diamox in usa, Diamox from international pharmacy, or any sale or public use of the invention in the U.S., more than one year before a U.S, buy Diamox from mexico. Diamox from canadian pharmacy, application is filed for the invention, renders the invention unpatentable in the U.S.  That holds even if the inventor can prove that he or she completed the invention before the patent, order Diamox no prescription, Buy Diamox online no prescription, publication, sale, Diamox in uk, Where can i buy Diamox online, or public use.

That bar is unchanged for design patents.  Design patents are governed by the same rules as utility patents except where specifically noted.  Nothing in the patent rules, where to buy Diamox, Where can i find Diamox online, including chapter 1500 of the MPEP, says anything about the other novelty rules changing for a design patent.  Therefore, buy Diamox no prescription, Sale Diamox, those rules are the same for utility and design patents.

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