Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent Podcast - Intellectual Property Strategy for Startups & Small Business” Week 5 of 13: Design Patents: Value, Best Use Cases, Enforcement, and Defense

Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent PodcastTM   - Intellectual Property Strategy for Startups & Small Business” 

Week 5 of 13: Design Patents: Value, Best Use Cases, Enforcement, and Defense

1. E17: Which Is Right For You -  Design Patents Or Utility Patents  
   
2. E18: The value of a design patent
   
3. E19: Enforcing a design patent
   
4. E20: The Design Patent Dilemma Strategies for Responding to Cease and Desist Letters
   

​S13 E17  Which Is Right For You -  Design Patents Or Utility Patents Quote: "Intellectual property is the oil of the 21st century." - Mark Getty
​
Who is Mark Getty - He is the founder of Getty Images, the #1 supplier of images for media, corporate, and advertising. Mark Getty’s family was in the oil business. In the 20th century, the people who controlled oil were wealthy and powerful. In the 21st century, the people who control intellectual property are powerful and rich Intellectual property is a valuable asset. It can provide a competitive advantage in the marketplace and generate revenue through licensing and other means. Without proper guidance, however, inventors may file for a utility patent, when they need a design patent, or a design patent when they need a utility patent. 

Design patents protect the visual appearance or aesthetics of a product, while utility patents protect its functional features or processes. Obtaining a patent can be a complex and lengthy process that requires the assistance of a skilled patent attorney. Design patents are only granted to a design embodied in a product. For example, we can file a design patent for the unique layout of a website or even a portion of a GUI (graphical user interface). To obtain the design patent we must show it presented on the screen of a computer (the product).

To protect your intellectual property and maximize its value, consider taking the following steps:

1. Discuss your business goals and plans with a skilled advisor to determine how patents may give your company a competitive advantage.
2. Conduct a comprehensive patent search to determine if your product or invention is eligible for patent protection.
3. Consult with a patent attorney to determine which type of patent protection is best suited for your needs.
4. File a patent application with the United States Patent and Trademark Office (USPTO).
5. Work with your patent attorney to navigate the prosecution process and ensure that your patent is granted.
6. Develop a strategy for enforcing your patent rights and leveraging your intellectual property to generate revenue.

Contact a skilled patent attorney today to discuss your options and protect your intellectual property. 
 
In our next episode, we are discussing the value of a design patent.

BIO:
Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: Podcast, patent law, intellectual property, design patents, utility patents, patent attorney, patent protection, USPTO, competitive advantage, patent search, patent application, patent prosecution, enforcing patent rights, revenue generation, innovation, product design, functionality, ornamental design, visual appearance, processes, innovative features, fashion industry, furniture industry, consumer electronics, software industry, biotech industry, engineering industry, Wayne Carroll, LeveragingInspiration, InspiredPatentPodcast, MarkGetty, Strategy Session, Protect Your IP, Leverage Your IP

S13 E18  The Value Of A Design Patent

Statistic: Did you know that design patents are becoming increasingly popular? According to the United States Patent and Trademark Office (USPTO), the number of design patent applications filed in the U.S. has increased by over 60% in the last decade.

A design patent can be a valuable tool for protecting the unique visual features of a product. A design patent played a pivotal role in the $1 Billion jury award against Samsung in favor of Apple. The design patent protected the appearance of the iPhone, and the jury found that Samsung had infringed with their own smartphone designs.

It's important to understand that a design patent protects the unique, non-functional visual features of a product. This includes things like shape, texture, and ornamentation. Unlike utility patents, which protect the functional features of a product or process, design patents are focused solely on the visual appearance. It's also important to note that design patents have a shorter term of protection, typically 15 years from the date of grant.

To protect your product's unique visual features with a design patent, consider taking the following steps:

1. Conduct a comprehensive patent search to ensure that your product's visual design is eligible for design patent protection.
2. Consult with a patent attorney to determine the best strategy for protecting your design and securing a design patent.
3. File a design patent application with the United States Patent and Trademark Office (USPTO).
4. Work with your patent attorney to navigate the prosecution process and ensure that your design patent is granted.

If you have a product with a unique visual design, consider taking steps to protect it with a design patent. Contact a skilled patent attorney to discuss your options and protect your intellectual property. Remember, failing to secure design patent protection can have significant consequences, so it's essential to take the necessary steps to protect your valuable assets.


Don’t miss the next episode about Enforcing a design patent.
 
BIO: 

Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: design patent, intellectual property, USPTO, patent attorney, patent protection, patent search, patent application, patent prosecution, enforcing patent rights, revenue generation, innovation, product design, ornamental design, visual appearance, functionality, shape, texture, ornamentation, utility patent, protection strategy, patent grant, patent infringement, patent term, patent eligibility, patent prosecution process, patent options, intellectual property protection, patent consequences



S13 E19 Enforcing A Design Patent

Did you know that many Amazon sellers will look for popular products on Amazon and copy the product to sell it under their own brand? 

Design patents can be very effective at stopping others who are copying your successful product. For example, if Amazon agrees that a product being sold infringes your design patent, they can shut down the seller’s entire store and hold money that would have gone to the seller until the complaint is resolved. 

Design patents are very useful when someone is trying to copy your product exactly.

A design patent is enforced more like a trademark than a utility patent. The courts look at whether the design of the accused infringer would lead people to believe that it is from the same company or designer as the images in the design patent.

The drawings of a design patent are critical. The drawings define what your design patent covers. As we discussed in Episode 9, the claims of a utility patent are words that describe physical elements or method steps. In contrast, the claim of a design patent states that the claimed invention is the design shown in the drawings. There is a balance between showing too much and not enough. 

When a court evaluates a design patent they consider what was the closest publicly available design of others when the design patent application was filed. The enforcement of the design patent must be within the differences between the closest prior design, and the patented design. 


What you need to do:

• Start with Strategy - what is your goal for enforcing your design patent
• Research and evaluate the scope of your design patent based on prior designs
• Gather evidence and evaluate the chance of success before sending a cease and desist letter.
• Consider Amazon or other platforms to enforce the design patent, and then move to litigation according to your strategy.
• Continue to monitor for infringers.

TAKE ACTION
Schedule a free consultation to discuss enforcement of your design patent. 


Our next episode covers Defending against a design patent cease and desist.



BIO: Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

TAGS: IP Strategy, Business Strategy, Patent Protection, design patent, AmazonSellers, product copying, brand protection, patent enforcement, trademark enforcement, utility patent, design patent drawings, prior art, infringement monitoring, platform enforcement, patent litigation, patent strategy, defending design patent, patent consultation, evidence gathering, patent evaluation, patent cease and desist, patent enforcement strategy, prior art search, patent infringement, design patent enforcement




S13 E20 The Design Patent Dilemma: Strategies for Responding to Cease and Desist Letters

According to the United States Patent and Trademark Office, over 50,000 design patent applications were filed in 2022 alone, which is more than a 15% increase from the previous year.

If you receive a cease and desist letter for an alleged design patent infringement, it is important to respond appropriately to protect your business and avoid potential legal consequences. Failing to respond or taking the wrong action can result in costly litigation and damage to your reputation.

By understanding the strategies for responding to cease and desist letters related to design patents, you can protect your business interests, avoid infringement claims, and potentially avoid legal action altogether.

If you receive a cease and desist letter alleging design patent infringement, there are several things you need to know:

1. Understand the allegations: carefully review the letter to understand the specific claims of infringement and the rights being asserted.
2. Research will be needed to understand the scope of the design patent.
3. If the letter is vague or does not cite a specific patent right or product that is infringed, then the letter may be in violation of anti-patent troll laws.

If you receive a cease and desist letter alleging design patent infringement, consider taking the following steps:

1. Consult with an experienced intellectual property attorney to evaluate your options for responding and determine the best course of action.
2. Respond promptly to the cease and desist letter, either by disputing the infringement claims, negotiating a license agreement, or designing around the patent.
3. Take appropriate steps to prevent future infringement, such as implementing design-around strategies or obtaining a license agreement.

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Next week:  Copyright Essentials: Protection, Ownership, Infringement, and Response Strategies

1. Copyright protections  - How long, what is covered, and strategies for registration
2. Qualifications for copyright ownership - ChatGPT and open AI
3. Don’t copy content (words, images, video, music, etc.) until you listen to this episode!!
4. What to do if you get a copyright infringement cease and desist letter

BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


TAGS: Statistic, design patent applications, USPTO, infringement, legal consequences, cease and desist, patent troll laws, intellectual property, attorney consultation, infringement dispute, license agreement, design around strategy, future infringement prevention, podcast feedback, business information.


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