A design patent may take one year or more to issue (although half of the applications issue in less than a year). An applicant can speed things along — that is, obtain a design patent within two to six months — by filing a Request for Expedited Examination of a Design Patent and paying a hefty fee. Here’s an article about the expedited system. You can learn more about design patent strategy in this article and we explain the steps for preparing an application in this section of our site. You can learn current fees at the USPTO website.
Question: A beading magazine has lots of instructions for making beaded jewelry designs that are purely geometric. The magazine tells readers that they can only use these designs for gifts or personal use (but not to sell). Can the magazine stop me from selling jewelry based on these designs?
Answer: We think you can probably sell the designs without incident but our response depends on the uniqueness and novelty of the patterns. Continue reading
Question: Can we purchase copyrighted fabric or ribbon from a store, make it into a dress or handbag and then sell those items legally? There is a “For personal use only” statement on the salvage of the fabric. My understanding is that First Sale Doctrine would cover the resale of the fabric along with a proper listing and disclaimer? Answer: You’re correct. Thanks to the first sale doctrine, if you bought copyrighted fabric, you’re free to make it into a product and resell that product. Continue reading