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Full-Text Articles in Art and Design

Aesthetic Functionality And Genericism, Charles E. Colman Jan 2014

Aesthetic Functionality And Genericism, Charles E. Colman

Charles E. Colman

This presentation, the basis for a working article, begins by positing that U.S. trademark law's denial of exclusive rights in "generic" words and phrases is, in essence, a proxy for what might be called "linguistic functionality." In other words, the doctrine of genericism is simply one iteration of trademark law's general principle that no one may claim exclusive rights where recognition of such rights would produce anticompetitive results. Unfortunately, when it comes to non-word marks -- and perhaps most notably, product-design "trade dress" -- courts have neglected to establish a uniform, coherent, and fully theorized test for evaluating "genericism." The …


How To Transition Patent Drawings Into Persuasive Courtroom Exhibits, Bernadette Marshall Jun 2013

How To Transition Patent Drawings Into Persuasive Courtroom Exhibits, Bernadette Marshall

Bernadette Marshall

We want you to get the most out of your patent drawings. In this edition we will discuss the role of patent drawings in litigation and how they can be used to create or enhance persuasive litigation graphics. Whether you are pursuing an infringer or defending your patent, drawings can help educate a judge or jury. Simple, clear and accurate images can often help you win the day. Whether deciding on what damages are appropriate or if in settlement negotiations, a well-defined patent enables the owner to negotiate for the best result possible.


International Harmonization Of Substantive Patent Law - What Does It Mean For Patent Drawings?, Bernadette Marshall May 2013

International Harmonization Of Substantive Patent Law - What Does It Mean For Patent Drawings?, Bernadette Marshall

Bernadette Marshall

Among others, the United States Patent & Trademark Office (USPTO) is moving towards harmonizing patent standards. Many rules for patent drawings have already been revised to correspond with those of the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO). The rule change to make computer generated drawings permissible, provided they are executed in a manner that permits clear reproduction and copying, we feel makes perfect sense.


How Much Should You Pay For Patent Drawings?, Bernadette Marshall Apr 2013

How Much Should You Pay For Patent Drawings?, Bernadette Marshall

Bernadette Marshall

How much should you pay for patent drawings? There is no set rate or price for patent drawings because prices are set by the market. Prices vary with the complexity and timing of drawings and reference materials supplied. The highest price is no guarantee of the best quality. Those in the market for patent drawings are wise to shop for the best quality at a competitive price.


Why Patent Drawings Get Rejected Part1, Bernadette Marshall Feb 2013

Why Patent Drawings Get Rejected Part1, Bernadette Marshall

Bernadette Marshall

You may have had the misfortune to receive a drawing rejection or objection from the United States Patent and Trademark Office (USPTO), or a Patent Cooperation Treaty (PCT) rejection or other patent office rejection notice. Hopefully this will come with an invitation to correct defects in the application. Patent drawings can be part of or the entire reason for such a notice. Fortunately, many problems regarding patent drawings can be remedied. If drawings have been prepared and submitted without regard to the specific patent drawing rules, you stand a good chance that those drawings will be rejected. When this occurs, …


Best Source For Patent Drawing Rules & Regulations, Bernadette Marshall Sep 2012

Best Source For Patent Drawing Rules & Regulations, Bernadette Marshall

Bernadette Marshall

It is with great pleasure that I announce something new from NBG-Drafting and Design. This is our first Newsletter - Special Edition; In this edition we will cover our preferred sources for patent drawing rules & regulations. Finding resources for information regarding patent drawing rules can be frustrating. Much of the information refers to out-of-date methods, like hand drawings using ink pens on board. It is hard to imaging creating any type of mechanical/technical drawings today without the use of CADD (software application for computer aided design and drafting). Most skilled patent draftspersons today are practicing in CADD.


50 Useful Software On Innovation, Concept Mapping And Idea Management, Umakant Mishra Nov 2011

50 Useful Software On Innovation, Concept Mapping And Idea Management, Umakant Mishra

Umakant Mishra

Can any software help us innovating? Well a software may not help us directly in innovating but it can definitely help us in practicing any specific process of innovation, be it idea generation, idea management, concept mapping, problem analysis or idea presentation. There are many software which try to help us out while working through many such methods. The following is a list of 50 popular Innovation and Concept mapping software which are alive and usable.