How should trademarks be used in design patent applications?
The use of trademarks in design patent applications is permitted under limited circumstances. Here are the key guidelines: In the specification: Limited use is allowed. Refer to MPEP § 608.01(v) for specific guidelines. In the title: It is improper to use a trademark alone or with the word “type” in the title of a design.…
Read MoreWhat is a generic claim in patent law?
A generic claim in patent law is a claim that covers multiple species or embodiments of an invention. According to MPEP 806.04(d), “In general, a generic claim should require no material element additional to those required by the species claims, and each of the species claims must require all the limitations of the generic claim.“…
Read MoreWhat is the difference between a trademark and a service mark?
According to the MPEP 608.01(v), the main difference lies in their application: Trademark: The term ‘trademark’ includes any word, name, symbol, or device, or any combination thereof- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established…
Read MoreWhat is an inventor’s certificate and how does it relate to patent priority rights?
An inventor’s certificate is a form of intellectual property protection offered in some countries. It can form the basis for priority rights under certain conditions, as stated in 35 U.S.C. 119(d): Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent…
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