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7 reasons to file design patents, trade dresses

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farhanbutts
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re: 7 reasons to file design patents, trade dresses
farhanbutts   6/18/2013 9:45:30 AM
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http://www.nattyshirts.com/ : Design your own custom dress shirts.

SiliconAsia
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re: 7 reasons to file design patents, trade dresses
SiliconAsia   9/5/2012 8:49:51 PM
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Sounds like this only applied to USA. Apple lost to Samsung in Japan and Korea. Their judgement sounds lots more rational than US.

elPresidente
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re: 7 reasons to file design patents, trade dresses
elPresidente   9/5/2012 9:50:56 AM
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"As for the design patents, it's a mistake to think that Apple won a patent for "rounded corners." What they showed wasn't a single infringement, but that Samsung had slavishly copied the physical design, icon design, home page design, and packaging design of the iPhone — and then left behind an email trail showing what they'd done. That's why Samsung lost, not because their phones have rounded corners." http://www.motherjones.com/kevin-drum/2012/08/final-apple-vs-samsung-post-theres-no-patent-pinch-zoom

elPresidente
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re: 7 reasons to file design patents, trade dresses
elPresidente   9/5/2012 9:49:33 AM
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"As for the design patents, it's a mistake to think that Apple won a patent for "rounded corners." What they showed wasn't a single infringement, but that Samsung had slavishly copied the physical design, icon design, home page design, and packaging design of the iPhone — and then left behind an email trail showing what they'd done. That's why Samsung lost, not because their phones have rounded corners." If you don't feel foolish for spewing your rubbish opinion on US patent laws, you should after reading this. http://www.motherjones.com/kevin-drum/2012/08/final-apple-vs-samsung-post-theres-no-patent-pinch-zoom

elPresidente
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Freelancer
re: 7 reasons to file design patents, trade dresses
elPresidente   9/5/2012 9:42:57 AM
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You go ahead and do that for your ideas in your country, and tell that to your parliament or village elders, honey. We won't complain. Meanwhile, US patent laws are what they are if you want to do business in the USA.

mr_bandit
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re: 7 reasons to file design patents, trade dresses
mr_bandit   9/3/2012 7:09:15 PM
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you are actually at a higher risk for lawsuit if you research patents instead of ignoring them. because you now have knowledge that you might be infringing one. just one of the twisted ways the patent system is now broken. the original, constitutional, purpose of patents was to publish the idea, in addition to some economic advantage to the inventor. we have publishing stuff down pat, in many other ways than a patent, and much clearer ... read some patents sometime for light bedtime reading. a basic problem, esp in sw patents, is "obviousness". the PTO cannot hire folks at a fast enough rate to know what is obvious or prior art in sw. the US govt had to step into the auto and airplane fields and yank patents before there could be standardization in those fields. not sure they are going to do it in the sw field, where nothing is physical.

titux
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re: 7 reasons to file design patents, trade dresses
titux   9/3/2012 8:54:38 AM
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"enforce companies to know their competitors": this is a full time job, i.e. it requires a lot of effort, that may not be affordable by small companies like Start-Ups. Also, you will not be able to track patents requests that have not completed their process, but whose claims are already valid. In this sense, I agree that this is going to hinder innovation.

David Brown
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re: 7 reasons to file design patents, trade dresses
David Brown   9/2/2012 12:18:17 PM
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The USA has long since lost its leadership in high-tech manufacturing. It is rapidly losing it in design and development. Now with such idiotic patent issues like this, it will not even be able to buy and use the high-tech gadgets designed and manufactured around the world. If this case result sticks, and is followed by similar cases or "trade dress" patents, companies like Samsung will simply stop selling in the USA. The rest of the world provides a much bigger market, with far more sane IP laws (in a similar case in Japan, Apple's claims with thrown out of court). The USA will be left with whatever home-grown devices their favourite navel-gazers have produced, and whatever exorbitant prices these non-competers decide to charge, while the rest of the world gets choices and progress.

mr_bandit
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re: 7 reasons to file design patents, trade dresses
mr_bandit   9/1/2012 1:38:31 AM
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The lesson is to become a patent attorney. They are really the only ones in this sequence who made any money. Sad, really. Of course, the irony of Apple winning a suit about stealing look-and-feel almost makes it worthwhile, until one wakes up.

Bert22306
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CEO
re: 7 reasons to file design patents, trade dresses
Bert22306   9/1/2012 12:04:25 AM
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It's not that clear cut by any means, though. Mainly addressing "trade dress" here. First of all, Samsung has always bragged about their larger screen. And it looks like there was prior art (LG) on other aspects that Apple was claiming were their own invention. So the fact that some jurors couldn't tell the Galaxy, whose entire surface is display, from the iPhone, just shows that they are like those who can't tell two otherwaise totally different silver cars apart. (I knew such a person. Confused a Sunfire with a Firebird.) Also, take a car like the Mazda M5 Miata. It is as close as it can be to the traditional British sports cars, INCLUDING the fact that the Mazda engineers tuned the exhaust pipe to sound like MGs. They actually had two exhaust system designs, one more efficient (that the engineers worked out on their own time!) and one more deep-throated, like the MG's. Management selected the cooler sounding one. Also, take a look at cars like the Lexus large car. It's always been a copy of Mercedes Benz sedans, perhaps from a previous generation. My point being, more or less close copies of competitors' products are the norm, hardly the exception. Maybe identical copies aren't and shouldn't be allowed, but the Galaxy phones are hardly identical to iPhones.

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