Even though many patent professionals refers to design patents as «picture patents,» potential patentees should be aware that design patents can provide overlapping protection if used in tandem
with utility patents.
Not exact matches
Speak
with an attorney and decide whether the need for
patent protection justifies the expense (
utility patents typically run $ 5,000 to $ 10,000).
Both the category winner for Process / Assembly / Enabling Technologies and the Grand Award winner, the IP on the ’12 Ford Escape and Kuga cross /
utility vehicles is the largest automotive part molded using the
patented MuCell injection - molding process and the first IP formed
with the process.
Just as Eli Lilly unfortunately found in atomoxetine, it is very difficult to switch from an unsuccessful argument for actual
utility to sound prediction — because one is left
with only the disclosure of the
patent (and not the extensive tests relied on for actual secret
utility).
The United States urges Canada to engage meaningfully
with affected stakeholders and the United States on
patent utility issues.»
Although finding a compound
patent valid based on actual
utility after construing a low Promise, Mr. Justice Rennie recognized (in obiter) there would be problems
with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT as follows:
«This decision goes a long way toward realigning Canada's law on
patent utility with other major industrialized nations.»
The Court's decision is consistent
with the broader trend of apportioning damages in
utility patent cases to the particular
patented technology found to infringe.
With more than 30
patent litigators, we have tried
utility and design
patent cases in well - known federal
patent venues in California, Texas, Illinois, New York, Virginia, New Jersey, and Delaware, and in many other jurisdictions.
The development took place over decades, beginning
with the Supreme Court's 1979 decision in Monsanto Company v Commissioner of
Patents, which articulated the principle of sound prediction and prohibited post-filing evidence, and by subsequent decisions over the next 23 years, including the Supreme Court's articulation of the
utility test in Consolboard Inc v MacMillan Bloedel (Sask) Ltd, and a later decision in Apotex Inc v Wellcome Foundation Ltd, which clarified the disclosure requirement.
In turn, Eli Lilly brought an international arbitration against Canada under Chapter 11 of the NAFTA in 2012 because in «the mid-2000s, after the
patents had been examined and granted, but prior to their invalidation by the courts, Canada's
patent utility law underwent a dramatic transformation,» which arguably was inconsistent
with Canada's obligations to protect
patents under NAFTA.
Contrary to Richard Gold's assertion, the Canadian promise of the
patent doctrine, the requirement to disclose the factual basis for sound prediction in the patent, and the prohibition on using post-filing evidence to establish utility, are not in line with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the P
patent doctrine, the requirement to disclose the factual basis for sound prediction in the
patent, and the prohibition on using post-filing evidence to establish utility, are not in line with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the P
patent, and the prohibition on using post-filing evidence to establish
utility, are not in line
with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the
PatentPatent?
Put another way, how can one reconcile the claims construction analysis
with the promise doctrine when it comes to determining the
utility of the
patent?
The company has
patented the technology around the tests themselves, including both design and
utility patents,
with several others still pending.
In that report we added a few links to our previous Patently Mobile reports on Samsung's
utility and design
patents that described a new round watch interface along
with an all - new rotatable ring or watch bezel controller which was confirmed today by Samsung's release of their new Gear SDK.
In total our report covers four granted
patents with two of them being design
patents and two of them being
utility patents.
While it's always tempting for the Apple side of the competiton to say that Samsung has tried to copy something of Apple's such as the Apple Watch's Digital Crown in some way, the fact is that the
utility and design
patents behind this new design surfaced back in June and July 2014, well ahead of Apple's revelations of the Apple Watch
with its Digital Crown.
Samsung was granted three design wins for hand - held medical devices and a most fascinating
utility patent for an MRI unit that provides patients
with a little entertainment while being in the MRI's confined space.
With over 300 acres available for development, be a part of an innovation and discovery community that ranks 12th in the world in
utility patents awarded.