dating in the dark hard - Invalidating design patents

If the technology falls within the claims, the next phase of evaluation is to determine whether the patent is valid. As an initial step in evaluating the validity, it is frequently desirable to obtain a copy of the United States' Patent and Trademark Office's "file wrapper." The file wrapper contains a copy of the application as filed and the communications between the applicant and the Patent and Trademark Office which resulted in issuance of the patent.

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In making decisions on these three issues, consultation with technical experts in the field of technology involved can be helpful.

Where possible, it is frequently desirable to obtain information regarding the actions of the inventors in dealing with the claimed invention.

Law360, New York (April 12, 2016, PM EDT) -- The U. Supreme Court’s grant of certiorari to review the scope of patent damages for design patents in Samsung Electronics Co. Unlike utility patents whose damages are limited to either lost profits or reasonable royalty, under current law design patent owners are entitled to disgorgement of the entire unapportioned profits of the infringer regardless of the status of the design patent holder as practicing or nonpracticing entity.

Apple Inc., No 15-777, illustrates the elevated importance of design patents in recent years.

This generally provides some insight into what the examiner felt was patentable and what concessions or representations were made by the applicant.

Once one has determined the degree of relevance of the prior art cited by the examiner, one may determine what might be sought through searching for prior art which would be more relevant to the issue of patentability and validity.

The statute also requires that the specification conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his or her invention.

Failure to do so can result in patent claims being held invalid.

In order to obtain a patent, the invention must be useful, novel and unobvious.

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