Protection of Ornamental Aspects of a Design The United States patent system includes design patents, which protect the unique way that a product looks (its ornamental appearance), rather than how it works. In simple terms, a design patent safeguards the visual design of an item, such as the shape, surface ornamentation, and overall look. A […]

How Your Patents Protect Your Intellectual Property Patents provide exclusive intellectual property rights over inventions. Under U.S. federal law, a granted United States patent confers the patent owner “the right to exclude others from making, using, offering for sale, selling, or importing” the patented invention in the U.S. If anyone other than the patent holder […]

Understanding Branding and Trademarks False designation of origin is a form of trademark unfair competition where a business misrepresents the source of its goods or services. In simple terms, it occurs when someone uses branding or descriptions that confuse consumers about who made a product or where it comes from. U.S. federal law (the Lanham […]

Objective Evidence in Patent Obviousness Analysis An invention must be nonobvious to qualify for a patent. This means a patent cannot be granted “if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious… to a person having ordinary skill in the […]

Key Differences in U.S. Intellectual Property Protection Two primary forms of intellectual property protection are trademark and copyright, each serving distinct purposes under U.S. intellectual property law. In essence, trademarks protect brand identity in commerce, while copyrights protect creative works and original expression. This article provides a clear comparison of trademark and copyright law in […]

Protecting Ornamental Design vs. Functional Features Design patents protect the ornamental design or visual characteristics of a tangible product, referred to as an “article of manufacture”. Essentially, design patents protect how the product looks. This is in contrast to utility patents, which protect new and useful inventions: how a product works or is used. In […]

Guide to U.S. Trademark Appeals Before the TTAB When a trademark application faces a final refusal from the United States Patent and Trademark Office (USPTO), the applicant isn’t out of options. U.S. trademark law provides a process to appeal such refusals to a specialized administrative tribunal called the Trademark Trial and Appeal Board (TTAB). A […]

Key Differences and What You Should Understand It is generally known that patents are forms of intellectual property that provide exclusive rights to innovations. However, it is less commonly known that there are different patent types that protect different types of innovation. In the United States, inventors can seek utility patents or design patents, as […]

What is it? What rights does it provide? The United States Patent and Trademark Office (USPTO) has two trademark registers: the Principal Register and the Supplemental Register. The Principal Register is the primary registry, offering the strongest protection for trademark owners, while the Supplemental Register is an alternative for marks that are not yet eligible […]

A Guide to the Patent Application Process Securing a patent can provide crucial patent protection for a startup’s innovation, but the patent examination process may seem daunting to non-attorneys. In the United States, patent applications are reviewed by the U.S. Patent and Trademark Office (USPTO) through a structured patent examination process that can span many […]