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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Design patent infringement: What is a substantially similar appearance?

What is the design patent infringement test? It’s simple to recite, but tricky to apply. The test for design patent infringement involves a visual comparison between the patented design and the accused product. Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially […]

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How can an Amazon seller use design patents?

How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. Don’t fall into that trap. Those who tend to ignore IP are the ones caught off guard when, for […]

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