Hi Chuck, if you are improving a patented design, you may want to consult with a patent attorney just to check and make sure that your new design is not infringringing the patent. Please Let me know if you would be interested in consulting with a patent attorney; I would be happy to help you arrange for a consultation (jsferrell@carrferrell.com). Warmest regards, -john
Does the design patents protect in situations where the accused product slightly alters the design but at its core it is similar to the patented design.
Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially similar to a patented design to the eye of an ordinary observer. If the altered design is still substantially similar then there is a good chance that it would infringe. -john
@@mchandra2994 This is the test used in many countries throughout the world. It is a bit vague, but it is this vagueness that makes infringing a design patent so risky. Let me know if you would be interested in consulting with a patent attorney about a possible design-around you may be considering; I would be happy to help you arrange for a consutation (jsferrell@carrferrell.com). Warmest regards, -john
@@johnferrellesq.hello I am in NY and I contacted a patent lawyer for a hat design and the explanation was horrible so I’m seeking new advice. Do you work with people in other states for consultation? Edit: just like this comment I am also scared that my idea with be copied even slightly. I’m trying to see if it’s even a good idea as I see no one else on the market with this
Hi CKP, I haven't published the forms for a design patent. These are pretty complicated filings and DIY is not really recommended. Sorry about that. Please let me know if you would like to schedule a consultation with one of our patent attorneys. Warmest regards, -john
Hi Ericberku7073, thank you for the comment and for watching my video. Design patents can issue very quickly (six months or even less) if there are no issues with the drawings. However, not infrequently the examination will turn up problems with the patent figures, causing back and forth delays to get the drawings corrected. The patent office is showing an average of about 20 months from filing to issue, but this reflects the fact that many design patents require drawing fixes. Work with a professional patent draftsman on your figures and you can often avoid problems during examination. Hope this helps. -john
Hi John, thanks for the awesome videos! 😊 Can I get a design patent for a product that already exists, but it's in a different industry? If so, will it provide protection?
Design patents cover the ornamental features of a product and not the utility, so it doesn't matter how the product is used. Also, since only the original inventor can get the patent, you can only get design patents on industrial designs that you have created. Did you create the original design on the existing product? -john
Thanks for the reply John, very insightful! 👌 I'm not the original inventor, however I have made modifications to it so it works for my industry. The modifications don't dramatically change the ornamental appearance though. So does this mean I'm not able to get a design patent for it?
@@evandavis7582 If the ornamental look is the same then you are not eligible for a design patent. However, if you have modified and improved the original invention, then you may be eligible for a utility patent on the improvements. Please let me know if you would like to schedule a consultation with one of our patent attorneys. Thank you, again, for watching. Warmest regards, -john jsferrell@carrferrell.com
A company is alleging that my copyright design contains their patent design. How is this possible? The design patent is a firearm. I have a firearm depicted in my artwork.
Hi Tina, this seems like it would be a rare allegation for the Company to make. Reach out to me at jsferrell@carrferrell.com if you would like to take this off line. Warmest regards, -john
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This gives me life!!! Thank you for sharing all this goodness! ❤
The Ordinary Observer Test sounds rather fair to be honest. I'm all for it. Thanks for introducing me to this technicality.
I'm so happy I found you in this process.
Thank you for the nice comment. ‘So glad that your are part of my community. Warm wishes for great success. -john
Nice video. Thank you!
Thank you @EvolvedBonobo!
What can an inventor do if the have a new design to enhance an item which is already patented. Thank you.
Hi Chuck, if you are improving a patented design, you may want to consult with a patent attorney just to check and make sure that your new design is not infringringing the patent. Please Let me know if you would be interested in consulting with a patent attorney; I would be happy to help you arrange for a consultation (jsferrell@carrferrell.com). Warmest regards, -john
Does the design patents protect in situations where the accused product slightly alters the design but at its core it is similar to the patented design.
Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially similar to a patented design to the eye of an ordinary observer. If the altered design is still substantially similar then there is a good chance that it would infringe. -john
@@johnferrellesq. Thank John, for your kind response. Is there any other parameters to judge other than ordinary observer method
@@mchandra2994 This is the test used in many countries throughout the world. It is a bit vague, but it is this vagueness that makes infringing a design patent so risky. Let me know if you would be interested in consulting with a patent attorney about a possible design-around you may be considering; I would be happy to help you arrange for a consutation (jsferrell@carrferrell.com). Warmest regards, -john
@@johnferrellesq. I will soon contact you John
@@johnferrellesq.hello I am in NY and I contacted a patent lawyer for a hat design and the explanation was horrible so I’m seeking new advice. Do you work with people in other states for consultation?
Edit: just like this comment I am also scared that my idea with be copied even slightly. I’m trying to see if it’s even a good idea as I see no one else on the market with this
Respected sir
Kindly send the sample documents which is to be uploaded for design patent
Hi CKP, I haven't published the forms for a design patent. These are pretty complicated filings and DIY is not really recommended. Sorry about that. Please let me know if you would like to schedule a consultation with one of our patent attorneys. Warmest regards, -john
Hi John how long does it normally take to receive an expedited design patent ?
Hi Ericberku7073, thank you for the comment and for watching my video. Design patents can issue very quickly (six months or even less) if there are no issues with the drawings. However, not infrequently the examination will turn up problems with the patent figures, causing back and forth delays to get the drawings corrected. The patent office is showing an average of about 20 months from filing to issue, but this reflects the fact that many design patents require drawing fixes. Work with a professional patent draftsman on your figures and you can often avoid problems during examination. Hope this helps.
-john
@@johnferrellesq. Thank you very much john I really appreciate your answer
All the best
Hi John, thanks for the awesome videos! 😊 Can I get a design patent for a product that already exists, but it's in a different industry?
If so, will it provide protection?
Design patents cover the ornamental features of a product and not the utility, so it doesn't matter how the product is used. Also, since only the original inventor can get the patent, you can only get design patents on industrial designs that you have created. Did you create the original design on the existing product? -john
Thanks for the reply John, very insightful! 👌 I'm not the original inventor, however I have made modifications to it so it works for my industry. The modifications don't dramatically change the ornamental appearance though.
So does this mean I'm not able to get a design patent for it?
@@evandavis7582 If the ornamental look is the same then you are not eligible for a design patent. However, if you have modified and improved the original invention, then you may be eligible for a utility patent on the improvements. Please let me know if you would like to schedule a consultation with one of our patent attorneys. Thank you, again, for watching. Warmest regards, -john jsferrell@carrferrell.com
@@johnferrellesq. Thanks so much for your reply! ☺️
Hello Sir, how much do you charge for a patent filling and future possible replies to examiner ?
We would be happy to help you. Please contact me at jsferrell@carrferrell.com for more information. Warmest wishes, -john
great video
Thank you! -j
nice 👍
Thanks
A company is alleging that my copyright design contains their patent design. How is this possible? The design patent is a firearm. I have a firearm depicted in my artwork.
Hi Tina, this seems like it would be a rare allegation for the Company to make. Reach out to me at jsferrell@carrferrell.com if you would like to take this off line. Warmest regards, -john