How Are Design Patents Different From Other Patents?

Design patents are a relatively recent type of patent that protects non-utility inventions, such as the creative or decorative elements of manufactured items. Design patents usually apply to design elements of a thing that are non-functional, and thus not eligible for a utility patent, but that also wouldn’t necessarily be eligible for copyright or trademark protection. In some cases, designs that may be eligible for design patent may also be eligible for copyright or trademark protection as well, but the design patent adds an extra layer of protection for the inventor seeking damages for infringement of the design. A design patent...

26 November

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What Do I Need to Apply for a Patent?

Posted by Mark Kittel

in Business Law

Most patent applications are for utility patents - inventions that have some functional use - and these applications usually have a specification, drawings, and claims. The specification is a legally complete description of the invention you are claiming. The specification needs to fully describe all aspects of the invention that you’re claiming protection for and needs to sufficiently describe the application so that another person, who has a base-level understanding of the relevant technological art field, could replicate and make the invention. The specification doesn’t have to be a technical white-paper or a thorough dissertation on every possible aspect of the invention – it just has to meet the legally...

20 November

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What Can I Get Patented?

Posted by Mark Kittel

in Business Law

Patents can generally be awarded for any novel and useful invention or improvement. “Useful” is a fairly minimal standard, and largely boils down to whether or not someone could read the patent and actually make the invention the patent discloses – it could be practically useless in real life, but so long as it’s possible to make and use the thing, it’s “useful.” “Novel” is a legal definition found in the country’s patent laws and is also a fairly minimal standard. Novelty simply requires that the invention, exactly as disclosed in your patent application, is not fully contained in a...

patent Tag

How Are Design Patents Different From Other Patents?

What Do I Need to Apply for a Patent?

What Can I Get Patented?