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Typefaces may be protected by a design patent in many countries (either automatically, by registration, or by some combination thereof). A design patent is the strongest system of protection, but the most uncommon. It is the only US legal precedent that protects the actual design (the design of the individual shapes of the letters) of the font ...
In the context of research and development (R&D) collaborations, background, foreground, sideground and postground intellectual property (IP) are four distinct forms of intellectual property assets. These are included in the broader and more general categories of knowledge in R&D collaborations or open innovation .
A patent cannot be obtained for the device or method, or, if obtained (granted), it can generally be "invalidated". The identification of the prior art is therefore of utmost importance to determine whether an invention is patentable, i.e. whether a patent can be granted for an invention (or whether a patent granted for an invention is valid).
Prior art (also known as state of the art [1] or background art [2]) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability.
Infringement of a registered design can be identified through ‘the eyes of an ordinary observer’ test. This means that the appearance of an accused design is seen to be an infringement, if the design is significantly similar, and one may purchase the accused design product thinking that it is the patented design. [17]
Design patents cover the ornamental appearance of an item. Design patents can be invalidated if the design is dictated solely by function (e.g. the outline of a key blade blank). Design patents are valid for 14 years from the date of issue if filed prior to May 13, 2015, or 15 years from the date of issue if filed on or after May 13, 2015.
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Patent law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise. [4] Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable.