DESIGN & UTILITY PATENTS FOR THE
E-COMMERCE MARKETPLACE
Utility Patents
Utility Patents protect the way a product is used and works. Utility Patent protection focuses on the functionality of a product or invention and certain ideas. To gain utility patent protection, an inventor must file an application with the United States Patent and Trademark Office or “USPTO.”
Patent Applications set forth specific claims for the USPTO to examine and utility patents can have multiple claims. A patent application requires the submission of illustrations of the invention as well as other administrative and technical documents in support of registration.
Utility Patents provide patent owners with powerful tools to take action and stop the sale of products that infringe their intellectual property rights.
A Utility Patent is infringed when the accused product performs the same function as the invention claimed in a Utility Patent. The limited monopoly granted to inventors who establish valid Utility Patent rights provides strong financial motivation to promote sciences, innovation and inventorship.
DESIGN PATENTS
Design Patents are quite different from Utility Patents and limit the inventor’s patent protection to solely the ornamental design of a product. Design patents protect only the non-functional aspects of a product’s ornamental design.
A Design Patent is infringed when the accused product design is substantially similar to the patented design such that an ordinary observer would be induced to purchase one design supposing it to be the other.
As with Utility Patents, Design Patents provide patent owners with a limited monopoly to control the sales of products bearing their claimed design.
PATENT ENFORCEMENT ONLINE
Patent owners are often frustrated when they come to realize that products which infringe their patent rights are being sold online. Regardless of the e-commerce platform (whether Amazon, eBay, Walmart, Alibaba, etc.), most, if not all online marketplaces have a mechanism in place for the enforcement of patent claims, and our team at Rosenbaum, Famularo & Segall has unmatched experience working with all of them. This experience combined with our team of lawyers, paralegals and of counsel patent attorneys enables our firm to provide invaluable insight, but more importantly results that speak for themselves to our clients.
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