Feb
28
Thanks for the help, PTO
Posted by Keeley Vega at 2:43 pm under Events, Patent.
As I mentioned yesterday, the PTO held a live online chat for independent inventors this afternoon. I decided to give it a try:
The questions were interesting, ranging from “can I file a petition to add inadvertently omitted material under 37 CFR 1.57(a) electronically?” to “what is a claim?” My favorite question from today’s one hour chat is: “once you go to an attorney, how do you protect your idea from them?” Funny.
I asked a question I’ve been curious about for a while:
Interesting. I wonder how this factored in to H.R. 2033 and S. 1957.
So are you going to submit design patents for your fashion designs?
I’m thinking about it. Well, first I need to create a design and then I need to start saving for the $1000 issue fee — but that’s likely 2-3 years away.
I guess the real issue is not protection, but enforcement. How do you prove infringement? What’s the scope of the design? How do you determine what’s not original in an industry reliant on evolution of style and inspiration-based innovation?
According to the patent office, 324,175 design patents have issued since 1976. Apparently there is some way of searching prior art because many design patents cite tons of prior art. Fashion design patents would have lots of dashed lines, I’d think. Check out these socks. Does anyone know where I can get a pair?
Like utility patents, design patents are split up into fields of classification, making searching easier.