Oregon Patent Use Analysis Worksheet

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This is a patent use analysis worksheet for determining the overall likelihood of a royalty owing on a patent.

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FAQ

If you're concerned about competitors copying the appearance of your concept, then apply for a design patent. If you want to protect the functional features of your concept, then apply for a utility patent. In some cases, it may be appropriate to file both design and utility patent applications.

How to tell if a patent is a utility or design patent - YouTube YouTube Start of suggested clip End of suggested clip Okay great question great question so design patents uh have a design filed before may 13 2015 haveMoreOkay great question great question so design patents uh have a design filed before may 13 2015 have a term of 14 years that's true those are filed after 2015 of 15 years so that's true actually i

Usefulness (officially referred to as utility) is the second of five requirements for patentability. Usefulness simply requires that the invention be ?useful? for almost anything now. Applicants often can easily meet this goal by writing some way in which the invention helps achieve something.

In general terms, a ?utility patent? protects the way an article is used and works (35 U.S.C. 101), while a ?design patent? protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both.

In considering the requirement of utility for patents, there are three main factors to review: operability of the invention, a beneficial use of the invention, and practical use of the invention.

A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility.

Understanding the Utility Requirement This means that someone applying for a patent needs to conduct enough research and testing to show that the invention has some immediate usefulness. They will need to describe how the invention is useful in their patent application.

In general, compared with patents, utility model systems require compliance with less stringent requirements (for example, lower level of inventive step), have simpler procedures and offer shorter term of protection.

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Oregon Patent Use Analysis Worksheet