DESIGN PATENT BLOG POSTS
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 5 (Important General Principles)
1. Necessity of a Broken Line Statement MPEP § 1503.02 (III) entitled “Broken Lines” states “[u]nclaimed subject matter must be described as forming no
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 4 (Two Major Areas of Confusion)
Use of the Phrase “are for illustrative purposes only” The confusion over whether and how to use the phrase “are for illustration purposes only” in
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 3 (History, Development, and Current State)
To fully understand the current confusion that exists in broken line practice and how best to avoid objections and rejections, it is helpful to consider
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 2 (Avoiding Ten Common Rejections)
Many rejections to broken line statements are common and typically result from language choice that fails to satisfy the two basic requirements of precisely identifying
How to Avoid Objections and Rejections to Broken Line Statements in Design Patent Applications – Part 1 Introduction
The theory underlying broken line practice in design patent prosecution is relatively simple. Broken lines typically show portions of an article that form no part
Persuasive Value of Prior Design Patents and Applications
Updated March 5, 2024. Applicants responding to rejections and objections can use the Design Patent Pro (DPP) ProSearch database to search for and cite prior
When can portions of a solid line be converted to broken lines?
The prosecution history of USD1,012,864 (Portion of A Plastic Deep Electrical Junction Box) serves as a a reminder of when portions of a solid line
Why Get A Design Patent?
Why Get A Design Patent? Historically, design patents have enjoyed a mixed reputation. Many are relatively easy to obtain and to design around, which has
Prosecution History Estoppel in Design Patent Cases
Prosecution history estoppel (PHE) may prevent a finding of infringement when the patentee originally claims the matter alleged to infringe but then narrows the claim
Customer Complaints about Product Quality Establish Irreparable Harm for Preliminary Injunction
In Hydrojug, Inc. v. Five Below, Inc., plaintiff moved for a preliminary injunction over design patent D887,202 (Container Top). The Court granted the preliminary injunction,
Conclusory Allegations of Marking do not Survive Motion to Dismiss
A plaintiff must plead and prove compliance with the patent marking statute to receive pre-suit damages. In Blackbird Tech LLC v. Argento SC by Sicura,
Single Difference in Fishing Lure Design Supports Summary Judgment of Non-Infringement
1. Effect of Notice of Intent to Issue a Reexamination Certificate on Non-Infringement Decision. Be careful of the effect a reexamination may have on a