This week Google obtained a US Design Patent for its search engine home page from 2004. See the Patent at D599372. A design patent is much narrower and weaker than a utility patent. While a design patent only protects the ornamental features of an article, a utility patent protects the functional aspects. Moreover, for an infringement of a design patent to occur, the accused design must be substantially similar, and nearly identical to the design shown in the design patent.
Google’s current home page is significantly different than the 2004 home page that it patented so the value of its patent may be more for the portfolio or wall dressing than an offensive tool to prevent infringement.
 | Senate Passes Historic Patent Reform Bill 0 Comments - 09 Mar 2011 The Senate yesterday passed the America Invents Act (S. 23) by a vote of 87-3.
Although some provisions were dropped, the Senate bill retained the following key elements:
Third party submissions of prior art for pending applications;
USPTO fee setting authority;
Supplemental examination authority;
Repeal of the residency requirement for Federal Ci... More Link |
 | Senate Defeats Feinstein Patent Amendment 0 Comments - 03 Mar 2011 An amendment that was offered by Senator Dianne Feinstein (D-CA) to the patent reform bill (America Invents Act S. 23) has been tabled by a vote of 87 to 13.
The Feinstein Amendment removed the First To File provision in favor of the existing First to Invent System. Arguments against the First to File System include not allowing independent... More Link |
Tuesday, October 6, 2009
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