The Business of Patents
In our experience, startups and founders often treat design patents as a lesser form of protection – cheaper than a utility patent, perhaps useful for marketing, but not really a serious patent. That view ignores some real strategic benefits they can provide. In the right circumstances, design patents are faster, cheaper, harder to invalidate, and […]
Read more →It is sometimes the case that the real driver of value in a patented machine or system is in the aftermarket for replaceable components. The problem is that, on their own, the replaceable components often lack any unique functionality and are unprotectable with utility patents. As a result, competitors can freely sell the replaceable components because the […]
Read more →Clients often ask about the differences between design and utility patents. The phrase “design patent” confuses some people because in everyday usage, the term “design” frequently connotes the structure, function, and properties of a product. Not so with design patents. Design patents protect the “ornamental appearance” of an article of manufacture. Utility patents protect the […]
Read more →Clients often want to know how long it will take them to get a patent. Of course, whether they get one at all will depend on whether their invention is novel and non-obvious as well as how broadly their claims are drafted. However, those questions aside, there is also the issue of how quickly the […]
Read more →Design patents can be a powerful, and often underutilized tool, for protecting your products and market position. Design patents protect the ornamental features (think appearance) of an article of manufacture, as opposed to protecting its structure and function. Some items are obvious candidates for design patents because consumers are primarily attracted to them based on […]
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