2019 Design Patent Designs Invention 
Patently-O
AUGUST 23, 2021
Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.
LexBlog IP
OCTOBER 6, 2021
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct. Active Mfg.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
LexBlog IP
APRIL 12, 2022
the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).
Patently-O
OCTOBER 6, 2021
This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. In re Surgisil, LLP , — 4th — ( Fed. Home Expressions Inc.,
Patently-O
SEPTEMBER 2, 2022
2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. 2019), place new weight on the claimed ‘article of manufacture.’
TraskBritt Intellectual Property
JUNE 10, 2021
An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search. Appeal (MPEP § 1200).
CopyrightsWorld
FEBRUARY 10, 2021
The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?” The devices were found to infringe on Apple’s design patents that cover the front of the phones, and the arrangement of icons on the home screen. Apple vs. Microsoft.
Expert insights. Personalized for you.
89 
Let's personalize your content