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In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (Fig. 1) and computer icons are examples of objects that are covered by design patents.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
An industrial design right (sometimes called "design right" or design patent) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
A design patent covering the ornamental design of the iPad was one of the few patents the jury concluded Samsung had not infringed. [29] [30] Several months later, the U.S. Patent and Trademark Office tentatively invalidated Apple's patent on bounce-back and pinch-zoom functionality, possibly contradicting the jury's decision at the trial. [31]
Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. They may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.
Design-arounds can be a defense against patent trolls. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll's patent(s). [4] In order to defend against design-arounds, inventors often develop a large portfolio of interlocking patents, sometimes called a patent thicket ...
Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro: 425 U.S. 273: 1976
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent ...
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