Following a drawing convention in the wrong way can result in your design patent being misinterpreted by the courts – greatly reducing the value of your patent because it won’t be protecting what you thought it was protecting. simplehuman, LLC, learned this lesson the hard way in a recent court battle with iTouchless Housewares and … Read more

Asking “which is better, a utility patent or a design patent?” is similar to asking, “which is better, a Humvee or a Ferrari?” It all depends on what you need it for. If you want to drive up rugged mountain roads and cross a stream, a Ferrari won’t be much use. If you want to … Read more

When a patent gets challenged in court, every piece of the patent is going to be picked apart – including the drawings. Leaving things vague in drawings can cause headaches should the patent ever be involved in litigation. Naturally inventors want to have the broadest possible patent protection. This leads some patent applicants to base … Read more

A couple of recent cases that came before the US Patent Trial and Appeal Board (PTAB) provide important guidance on how to create drawings in the application stage that will be easier to modify later if needed. While drawings are essential for almost any patent, they are of special significance for design patents, where the … Read more