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China’s Rise in U.S. Design Patent System

Patently-O

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)

Intellectual Property Law Blog

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

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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. Most asserted design patents are invalidated in litigation.

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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

The IPKat

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. Taken upon by the European Commission, the initial design reform took several years of adoption, mainly because of controversies surrounding design protection of spare parts.

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Long-awaited changes for Australian designs receive Royal Assent

The IPKat

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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Functional designs in EU law post-Doceram: harmonisation still missing

The IPKat

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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The European Commission publishes the proposals for a revised Regulation and Directive on designs

The IPKat

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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