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Posts Tagged ‘ united states design patent ’

Design Patents: The Under Utilized and Overlooked Patent

Posted: Tuesday, Dec 20, 2011 @ 8:05 pm | Written by Gene Quinn | 6 comments
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles, Patent Fools™

DaimlerChrysler's Crossfire, subject of U.S. Design Patent D500,000

Once upon a time one of the ways you could spot the scams from the legitimate operators in the patent industry was to look at who was directing clients to get design patents. Design patents have always been easy to obtain, indeed far easier to obtain than a utility patent. Of course, as with many things in life and with virtually everything in the realm of intellectual property law, the easier something is to obtain the less rights that are conveyed. You can obtain a copyright for under $50 if you do it yourself and you get tremendously long protection in terms of years – generations really – but the rights are exceptionally weak. This tried and true set of rules has been turned on its head to at least some extent with respect to design patents and not nearly enough inventors are seeking design protection.

A protectable design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Distinguish if you will a an ordinary steak knife from a butcher’s knife.  In any knife there will typically be a handle and cutting blade.  A design patent would not protect the mechanical structure, but rather will protect the appearance.  In this regard it is possible for many different knives to receive design protection even though the basic handle and blade configuration is well known.  The question for patentability is whether the presentation or appearance of the functional item is unique.



Declaration of Independence Patents

Posted: Saturday, Jul 4, 2009 @ 6:28 am | Written by Gene Quinn | 1 Comment »
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Posted in: Gene Quinn, Holiday Patents, IP News, IPWatchdog.com Articles, Museum of Obscure Patents, Patent Fools™

Today is the day we celebrate our Independence some 233 years ago.  What better time to take a look and see what patents exist with an Independence theme.  It would seem that in preparation for the Centennial celebration there were a number of individuals who were quite interested in obtaining design patents.  The one below caught my eye in particular, I am not exactly sure why.  Perhaps I am being overly sentimental, but as I read this particular patent a certain pride seems to shine through in the words.  We can poke fun all we like at the inventions of others, but as an inventor myself I know how much of yourself goes into an invention.  It becomes a project like none other, and while any particular idea or invention might seem odd to you, to the inventor it is a piece of themselves.  This particular design patent, Design No. 8310 entitled “Design for fans,” seemed to capture both a great pride in America, as well as pride in what has been created, and for that reason I selected it above all others.  The fact that it also includes a bit of poetry is just a bonus.



The First Design Patent

Posted: Monday, Feb 18, 2008 @ 12:23 pm | Written by Gene Quinn | Comments Off
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Posted in: IPWatchdog.com Articles, Patent Fools™

Did you know that the first design patent issued in the United States was issued on November 9, 1842, to George Bruce of New York? The USPTO searchable online database does not have a text copy of this patent available, undoubtedly because the design patent was handwritten. It is, however, possible to obtain an image version of the first design patent by going to the Patent Search engine provided by the USPTO, searching D1 in a patent number search, and then clicking on images. The image available purports to be the best available copy of the design patent, but it is indeed very hard to read.