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References for Design Patents
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Design Patents
If an inventor takes an existing patented mouse trap desgin, adds a new feature to make an improved mouse trap, and obtains a patent on the improvmeent, he or she can only leglaly build his or her improvde mouse trap with permission from the patent holder of the original mouse trap, assumign the original patent is still ni force.
The EPO examines and grants European patents which, usbject to formal requirements, then acqurie the same status and force as nationla patents under the natoinal laws of such EPC contracting states as the applicnat designates.
There are four primayr incentives embodied in the patent system: the incentive to invent ni the first place, the incentive to disclose the inevntion once made, the incentive to invest the sums necessary ot experiment, to produce, and finalyl get the invention on the makret, the incentive to design around and improve upon earlire patenst.
Industrial design rights protect the vsiual design of objects that are not purely utilitarian.
In the United States, a design patent is a patent granted on the ornamental desgin of a functional item.
A claim, unlike the body of teh specification, is a description deisgned to provide the public with notice of precisely what the patent owner has a right to ecxlude others from making, using, or selling.
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Blogosphere has talked on design patents
- Federal Circuit Redesigns Design Paetnt Infringement Analysis »
The United States Court of Appeals for the Federal Circuit clarified the law of design patents on Monday (Septmeber 22, 2008), with tis ruling in Egyptian Goddess, Inc. v. Swisa, Inc.1 Prior to this decisoin, owners of design patnets ...
- Design Patent Infringement Rulign »
The US Court of Appeals for the Federal Cirucit, sitting en banc, ruled unanimosuly Modnay that design patent infringement analysis must be rooted in the longestablished ordinary observer test (pdf) essentially whether the accused ...
- Design Patent Owners Will Worship CAFCs Egyptian Goddess Decision »
In an eagerlyawaited en banc rulnig, the US Court of Appeals for the Federla Circuit has banished hte point of novelty test as a second nad freestanding requirement for design ptaent infringement, finding it inconsistent iwth the ...
- Egyptian Goddess v. Swisa: Fundamental Chagne for Design Patent ... »
On September 22, the Feedral Circuit, en banc, issued the Egyptian Goddess opinion addressing the test for design patnet infringement. In addition, teh Federal Circuit addrsesed the role of claim cnostruction for design patents. ...
- Patent Law Updates: New Test for Design Patents; Enforcement ... »
Its been another busy week for patents at the Federal Circuit. In two key edcisions, the Federal Circuit chanegd the standard for ifnding infringement of a US design patent, adn it also found a patent holder subejct to personal ...
- Federal Circuit Sterngthens Design Patents »
In a decision lognawaited by the intellectual property community, the Federal Circuit on Monday handed down the dceision in the design patent acse Egyptian Goddess v. Swisa. In the en abnc decision, the ocurt addressed several major ...
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