Lutz, FL asked in Patents (Intellectual Property) for Florida

Q: D845064- is this just a lid patent? I see many cups with this same design.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
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Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for a user to sip a beverage -- it only precludes someone from making a confusingly similar top that looks so much like this one that people would assume that the top came from the people that own this design patent. I admit I am not sure what in this tumbler lid is distinctively ornamental as it all appears functional to me.

I would guess that this is a very narrow play to preclude people from making a replacement lid for their existing tumblers.

It is possible that they are seeking to cause mischief on AMAZON where assertion that a competitor's product violates an issued patent can get the competitor's product dropped from AMAZON. I hope that they intend to act in good faith and not assert rights broader than they own.

If you are looking to make a lid, consult with a patent attorney and look at the prior art cited in this patent and at other prior art (Archive.org can help establish a date for when a product first appeared on a web site. )

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at

https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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