inventiondigest: April 2023

Design Patents are often disparaged as offering extremely limited protection. But often that is not the case. The article below from the USPTO explains the case of Crocs, the foam shoes with holes that are sold and worn everywhere. Crocs won an infringement lawsuit based on a design patent which found that the a design patent can be infringed upon even if there are some design differenced. The key element in the case was the ordinary observer test, which is can an ordinary person distinguish the differences between the products.

http://onestopinventionshop.net/blog/2023/04/design-patents-offer-strong-potential/

Don Debelak offers affordable patents www.patentsbydondebelak.com

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Where to learn about IP for Free

Jane Lambert

Every viable business in the world has something that gives it an advantage over its competitors. It may be its reputation in the marketplace, the appearance of its products or their packaging or the technology that it uses to deliver its goods or services. These are its "intellectual assets" and the laws that protect investment in those assets are the business's "intellectual property".

Because intellectual property is not always included in business education syllabuses many business owners and managers have incomplete knowledge of what it is or how it works. That is dangerous because intellectual property can literally make or break a business.

So how does such a business owner or manager get up to speed?

Perhaps the best starting place is the Intellectual Property Office's online training tools. Users have to open an account with the IPO but that is fairly straightforward and costs nothing. Once they have registered they can log onto a range of online courses which are designed for business owners, schools and universities. The course that most newbies are likely to need is "IP Equip" where they will learn the basics of copyrights, designs, patents and trade marks.

Once they have completed that course learners can proceed to the IP Health Check which covers the following:

whether the user has IP to protect.
Whether he or she owns it and, if not the user, who does
how to protect the intellectual asset and whether and how it should. be protected, and
how to exploit IP commercially.

An excellent little manual called the IP Business Lifecycle Framework can be downloaded from the "IP Business Lifecycle Framework" page. It provides comprehensive information for start-ups, scale-ups and exits. From now on I shall recommend it not only to paying clients but those attending my pro bono clinics.

Finally, those looking for equity or short-term funding can take the IP for Investment course where they can learn all about angels, private equity and debentures. For those who want to work with another business, there is the B2B Toolkit.

Supplementing these online courses is the IPO's YouTube channel which hosts many videos covering the basics, case studies, enforcement and more in-depth discussion of various IP rights. There are more resources on the British Library'sBusiness and IP Centre website as well as courses, one-to-one mentoring sessions and workshops at the British Library in St Pancras and its nationwide network of public libraries .

Many of those public libraries host IP clinics. These are free consultations with patent and trade mark attorneys or other IP professionals. I also offer IP clinics in conjunction with Barnsley Business Village and the Menai Science Park. Anyone who wants to attend my clinic may call me on 020 7404 5252 during office hours or send me a message through my contact form.