San Diego Intellectual Property Attorneys & Lawyers

A design patent protects the way a manufactured product looks but not the way it works or how it's structured. Businesses can protect their intellectual property (IP) rights over an original design by applying for patent protection. This should be done before entering the market to prevent a competitor from copying and profiting from your design.

When you are granted a design patent, you have the right to exclude others from using this design in personal and commercial applications. A design patent can patent everything from jewelry to packaging.

Design Patent Eligibility

To be eligible for patent protection, the design must also be useful. A method of creating art, such as a painting or photographic technique, cannot be copyrighted. The design must also be repeatable to qualify for patent protection.

Instead, the U.S. Patent and Trademark Office (USPTO) issues de

...

What Is an Arbitrary Trademark?

An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples. The arbitrary trademark is one of five trademark categories recognized by the USPTO. 

What Isn't an Arbitrary Trademark?

To really know what an arbitrary trademark is, it helps to understand the other four categories.

• Fanciful Trademarks (sometimes called coined trademarks) use words or images that don't mean anything. This lets companies have

...

Updated July 16, 2020:

How to Patent a Logo

While you can learn how to patent an idea, logos cannot be patented because the term patent describes ownership that protects inventions.

However, logos can be protected in a similar way by a trademark or service mark. Trademarks protect logos attached to products while service marks protect logos attached to services. Both trademarks and service marks are often referred to as trademarks. Following these established steps is the best way to trademark your logo.

Reasons to Trademark Your Logo

A l

...

What is Patent Protection?

Patent protection allows the inventor of a new product or design to have exclusive rights to make, sell, use, and/or import the item throughout the United States. No other company or individual can make, sell, use, or important an item that is identical or even very similar. If another company or person does infringe on the patent protection, laws allow the patent holder to sue for infringement.

There are three types of patents:

• Utility
• Design
• Plant

Utility patent protection covers the function and operation of an invention, while design patent protection is on the ornamental design o

...

Updated October 28, 2020:

Utility Patent Example: What Is It?

Utility patent examples can be helpful tools for completing either a non-provisional or a provisional patent application. There are many of both types of patent application templates available online for public use.

A utility patent protects an inventor's intellectual property. It is the most common type of patent issued. It protects the way an invention works. Anyone who creates an entirely new machine, process, chemical compound, manufactured product, material composition, or method can apply for a utility patent. The United States Patent and

...