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Klipsch Ear Tip Design Patent


Professor Thump

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The utility patents are coming next and those took about 4 years. Much more important though.

What pray tell are utility patents? I know nothing about patents. My first guess would be more utilitarian use of the ear gels (I think I've seen in some documentation about using for hearing protection, stethoscopes, etc) but that'd be too easy.

Anyway. Congratulations!

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The utility patents are coming next and those took about 4 years. Much more important though.

What pray tell are utility patents? I know nothing about patents. My first guess would be more utilitarian use of the ear gels (I think I've seen in some documentation about using for hearing protection, stethoscopes, etc) but that'd be too easy.

Anyway. Congratulations!

MusicMusicMusicCoolMusicMusicMusic

That is a great question Ben. I am glad you asked. A design patent is simple and straightforwards. Please look at this design patent below:

USD0611929___Page_01-1.jpg

In this design patent you will see that there is only figures or drawings. There are no claims in the patent other than the SHAPE of the invention. It is simple yet easy to defend.

US07681577___Page_06B.jpg

In this utility patent you will see a complex description in words along with numbers defining key components or areas of the intellectual property or IP in the drawing. Each component is describing effects of the design to yeild utility. At the end of the patent are claims. These claims are the most import area of the patent along with the drawings. Each claim is listed starting with the broadest claims and then narrowing the next claim to a more focused area of protection. When the lawyers word each of these claims they spend a lot of time with each word in the claim, because they may have to defend that particular claim in court.

When we submit the initial application for a utility patent there are usually more claims then what gets finalized because the patent office strikes out claims with statements that refer to prior art, (earlier inventions). As you can see from the dates the Utility Patent takes many more years to get approved than the design patent. This is because there are more details to go through and argue with the patent office. We had two major sets of refusals to defend. There were at least two sightings of prior art in each of these denials. We were not confident that the utility patent app was going to go through, so later on we filed the design patent. We couldn't understand why they were seeing prior art issues. Then it finally was evident to me. The problem was primarily that the USPTO was citing the wrong axis of the design for prior art. Once they saw the light we got the approval. Ironically we almost didn't get the design patent, but once the utility was approved the design patent was accepted with flying colors.

What a relief!

Utility Patent

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  • 4 weeks later...

You can find more about design patents, as well as utility patents, and plant patents, here: http://www.uspto.gov/patents/index.jsp

A utility patent is what most of us think of as a patent. The applicationfor a utility patent is very complicated and must include one or more "claims." What is eventually published as the patent document is what has been submitted in the application, with some exceptions.

Design patents, last I looked, are always designated in the US with a leading D to the number. PWK had at least one, which was the ornimental aspects of the K-Horn. There is also one on the Porsche Targa top.

Wm McD.

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