Copyright © Françoise Herrmann
The Allbirds® Tree Breezers® pump was also granted a US design patent. The US design patent, USD891073S, titled Footwear, was awarded on July 28, 2020, to eight inventors: Dennice Quijano Barerra, Timothy Brown, Lisa Halbower-Fenton, James Romero, Talia Rapier, April Gourdie, Jad Finck and Jamie S. McLellan. The patent was assigned to Allbirds® Inc.
As a reminder, per the provisions of the US Patent and Trademark Office (USPTO) Manual of Patent Examination Procedure (MPEP), a US design patent protects the ornamental properties of an invention, or how the invention looks. In contrast, a US utility patent protects the functional properties of an invention, or how the invention works, and/or is manufactured.
Below, the patent Figure 1 shows a perspective view of the inventive design, together with an image of a marketed Allbirds® Tree Breezers® pump. The dashed lines, marking the sole and the heel tab, indicate portions of the shoe that are unprotected by this design patent.
USPTO Manual of Patent Examination Procedure (MPEP) – Chapt. 1502-01) – Distinction between design and utility patent.
https://www.uspto.gov/web/offices/pac/mpep/s1502.html
https://www.uspto.gov/web/offices/pac/mpep/s1502.html
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