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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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Ulm University v. Asst. Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office

SpicyIP

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. The above patent application was filed in 2011.

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

Patent Trademark Blog

According to USPTO patent data , the chance of obtaining an allowance within 12 months for a Track One utility patent application is over 62%. Keep in mind that the total allowance rate would be higher since this data does not include applications allowed after 12 months. Want a successful US patent?

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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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Delay in filing Request for Examination due to negligence of legal counsel – Madras High Court orders restoration of the abandoned patent application – India

Selvam & Selvam Blog

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs

Selvam & Selvam Blog

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

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Smart Wallets and Measuring Credibility of the Prior Art

Patently-O

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

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