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Author Topic: movement in design patents  (Read 1825 times)

ab

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movement in design patents
« on: 07-24-08 at 04:32 pm »

Is movement admissible for a design patent?  If so, to what extent?  I understand design patents can be obtained for computer icons; how about for animated icons?  Would one be able to prepare an application with the individual frames of an animated GIF, for example, as the drawings?  Does anyone know of any case law / sources on this?

Thanks!
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JimIvey

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Re: movement in design patents
« Reply #1 on: 07-25-08 at 11:46 am »

First, I would avoid calling it movement.  My initial thought before reaching the end of the post was that movement (e.g., of a folding chair arm, for example) just seems to be moving too far from ornamental (aesthetic, in my understanding) designs into functional designs, a no-no for design patents.

However, a series of images isn't "movement", arguably.  It's a series of images, and I'd try to protect it as such.  The closest I'd get to mentioning motion would be use of the word, "animation."

I've seen design patents issued on fonts, so coverage of images displayed on a computer using a design patent appears to be legit.  Why a sequence of images wouldn't be allowed the same sort of protection isn't clear to me.

I hope that helps.

Regards.
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James D. Ivey
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Mon

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Re: movement in design patents
« Reply #2 on: 08-10-08 at 08:32 am »

I am looking for it for a long time... Awesome !!
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