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andyzg
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Rookie
re: 7 reasons to file design patents, trade dresses
andyzg   8/29/2012 8:35:47 AM
NO RATINGS
hmmm. this whole case increasingly becomes a demonstration of how the U.S. legal system works. one would believe there are minimal standards, but seemingly there aren't.

fmotta
User Rank
Freelancer
re: 7 reasons to file design patents, trade dresses
fmotta   8/29/2012 4:31:52 AM
NO RATINGS
@rick.merritt: That is a lame reason to dismiss an item. If one applies this in another country, say... China then we (USA) would whine to the wind and be dismissed as usual when China laughs and ignores us.

rick merritt
User Rank
Author
re: 7 reasons to file design patents, trade dresses
rick merritt   8/29/2012 3:26:31 AM
NO RATINGS
The LG Prada was more or less dismissed in court as prior art on the iPhone design patent because it was not sold or marketed in the US before the iPhone was announced in Jan. 2007.

rick merritt
User Rank
Author
re: 7 reasons to file design patents, trade dresses
rick merritt   8/29/2012 3:24:20 AM
NO RATINGS
Yes, this is a message for the OEM, the system designer...not for the semiconductor industry.

Stanley_
User Rank
Rookie
re: 7 reasons to file design patents, trade dresses
Stanley_   8/29/2012 3:10:04 AM
NO RATINGS
LG prada phone, first released in 2006.. http://www.youtube.com/watch?v=VHVzpHDgtgY

DrQuine
User Rank
CEO
re: 7 reasons to file design patents, trade dresses
DrQuine   8/29/2012 2:39:43 AM
NO RATINGS
Design patents are not only cheap but they also issue quickly so you have the protection in place before you're too far into the product launch. Perhaps a simple standard to apply would be if a photograph of your distinctive device with your competitor's name on it would make you see red, it is time to consider filing a design patent.

rwik78
User Rank
Rookie
re: 7 reasons to file design patents, trade dresses
rwik78   8/29/2012 1:59:58 AM
NO RATINGS
In this specific case, there was prior art for at least the rectangular design. It was not subjective like the efidence on scrolling, physical evidence was produced, which the jury chose to ignore. Laws and systems can help if we humans show some common sense to begin with.

fmotta
User Rank
Freelancer
re: 7 reasons to file design patents, trade dresses
fmotta   8/29/2012 12:53:42 AM
NO RATINGS
@rwik78: The problem is the profit that can be made by legal action and the obstruction that can be created when disallowing use/licensing. Reduce the terms/condition/duration of exclusivity and eliminate obstructive use of patents and I support it too. Currently the patent system is preventing progress. Fix the above problems and it might have a real value to society and maybe even support progress. Of course reducing the number of patent-based legal actions will also benefit everyone by freeing those resources for constructive purposes.

mcgrathdylan
User Rank
Blogger
re: 7 reasons to file design patents, trade dresses
mcgrathdylan   8/29/2012 12:50:49 AM
NO RATINGS
I think that most of us are in agreement that this patent the obvious stuff has got to stop. But I would agree with Rick: under the rules of the game as they exist now, the smart thing to do is patent as much as you can. The sad thing is that this system favors the big companies like Apple with teams of lawyers over of small companies and individual inventors.

rwik78
User Rank
Rookie
re: 7 reasons to file design patents, trade dresses
rwik78   8/29/2012 12:46:46 AM
NO RATINGS
Sooner the better....

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