In last month’s newsletter, we wrote about a proposal by the U.S. Department of Justice (DOJ) to transfer marijuana from Schedule I to Schedule III. Under the Controlled Substances Act (CSA), Schedule I substances are considered to have no currently accepted medical use and a high potential for abuse. Possession and sale of cannabis is […]
Patent
Major Change for Designers and Design Patent Owners
June 13, 2024
Patent
Did You Feel It? The Earth Just Shifted Under Every Designer and Design Patent Owner. In March and April, we reminded you that there are two types of patents – utility and design. Utility patents address how the better mousetrap catches mice. Design patents address the ornamental appearance of the mousetrap. Our topic this month is again design patents. […]
Design Patents – What is comparison prior art?
May 9, 2024
Patent
Last month, we discussed issues in obtaining a design patent. This month, we look at issues in enforcing the design patent. Remember that utility patents and design patents are separate and distinct and protect different things. A design patent addresses the appearance of something; for example, the appearance of a mousetrap that looks like a piece […]
Too ‘Obvious’ for a Design Patents?
April 11, 2024
Patent
Designers Take Note – Designs can be too ‘Obvious’ for a Design Patent There are two types of patents* – utility patents and design patents. Utility patents address what something is and how it works. Design patents address how something looks. An example of a utility patent is a patent for a better mousetrap with a […]
A ‘design patent’ is a monopoly granted by the government to make, use and sell a product having a particular appearance. Design patents protect how a product looks, not what it does. A person who copies a product protected by a patent, including a product protected by a design patent, will be ordered to stop […]
When and Why are Inventions ‘Obvious’
March 14, 2024
Patent
Maybe We’ll Actually Receive an Explanation from the USPTO The USPTO had a lot of patent examiners (8,568 to be exact) reviewing a lot of patent applications (462,000 new applications received last year). Those examiners make thousands of determinations every day as to whether inventions are patentable or not. Aside from forms, wording, fees, and whether […]
Patents of the New Year (the new year of 1836, that is)
February 1, 2024
Patent
The new year of 1836, that is. 1836 was big for the U.S. patent system. It’s the year that the USPTO switched to the current patent numbering system, the year the USPTO started actually examining patent applications, and the year the patent office burned down – in that order. A little background – the Federal […]
That Patent Looks Exhausted!
January 11, 2024
Patent
Let’s say that you sell patented printer cartridges. Nefarious actors, both inside and outside the U.S., collect your used cartridges, refill your cartridges, and sell your cartridges, now refilled, to U.S. customers. They’re thumbing their noses at your patents. The nerve. The patent law should protect you, right? After all, the law says that you […]
USPTO Creates a New Design Patent Bar
December 7, 2023
Patent
A ‘utility’ patent is different from a ‘design’ patent. A ‘utility’ patent is directed to how something works – for example, how a mousetrap catches mice. A ‘design’ patent addresses the decorative appearance of something – for example, a mousetrap that looks like a piece of cheese. Utility and design patents differ in their scope, […]
Ask Dr. Copyright © About Judge Newman
November 16, 2023
Patent
Dear Doc: The United States Constitution provides, in Article III, that, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” How, then, is it legal for Judge […]