How to Challenge a Design Patent Application

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. If they filed a design patent application, you won’t be able to see it unless and […]

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Can you file a design patent to protect from infringement?

Can filing a design patent protect you from infringement? It depends. Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle. You can own a patent and still infringe someone else’s […]

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How to Get a Better Design Patent

What makes a design patent better? Design patents are quite simple. So simple, in fact, that it can be easy to overlook certain nuances that can broaden the protection provided. Here’s a common scenario. You do a bit of research into the differences between a design and utility patent, and conclude that design is the […]

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Design patent failures: What can go wrong?

What are common design patent failures? Filing a design patent application doesn’t seem very complicated. Thankfully, there are no lengthy pages of descriptions and no claims that read like a foreign language. A design filing seems so simple. So what can go wrong? Let’s explore some common design patent failures. Failure to submit all required […]

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How to Patent a Design

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? Get these foundational questions answered […]

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Can a design patent show a specific material or composition of matter?

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. But what if the unique appearance of your product comes from its material? Can a design patent show a specific material, substance or composition of […]

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How can you protect your product with a design patent?

Can a design patent protect your new product? When compared to utility patents, design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional. Let’s explore when it makes sense to […]

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Can you file a design patent continuation application?

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed. This rule applies to both utility and […]

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What is your design patent probability of success?

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2022, the design allowance rate was over 86%. […]

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What do dashed lines in a design patent mean?

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is […]

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