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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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Recent Trends in Article of Manufacture of Design Claims: A Modern Digital Popularity Contest

LexBlog IP

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

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How to Increase Utility Patent Chances of Success: Track One and PCT Strategies

Patent Trademark Blog

In fact, Track One utility patent applications had an average success rate of over 86% for the decade starting from 2011 to 2020. Unlike Rocket Docket in design patent applications, a Track One request for prioritized examination does not require a prior art search.

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Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

Samsung: The Supreme Court presided over a few major technology cases in 2019, but in one of the most important ones, it reversed a ruling that found Samsung liable to pay its profit from the entire line of Galaxy phones in 2011. Therefore profits shouldn’t be awarded based the phone’s full price.

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Design Aesthetics: Apple is known for its minimalist and sleek product design. In 2007, Apple Inc.

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Ugg! Generic or Not?

Greenspoon Marder LLP

Last week, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, can pursue its claims for trademark and design patent infringement against a company called Australian Leather.

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Guest Post: We need to talk about the NDIL’s Schedule-A cases

Patently-O

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.