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REGISTRATION NOW OPEN – 16th Annual USPTO Design Day on May 4, 2023

LexBlog IP

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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RFC: Design Patent Attorneys and Expanding PTAB Litigator Potential

Patently-O

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Expanding opportunities to appear before the Patent Trial and Appeal Board (PTAB).

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SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023

LexBlog IP

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Registering Product Design and the Functional Limitation

Patently-O

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

The TTABlog

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W. indicates that the design is not de jure functional.'" Wellington).

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Amazon escapes liability for its Brand Registry advertising

43(B)log

Lei, 2023 WL 6373073, No. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. Since the designs were not plainly dissimilar, infringement was plausible. Since the designs were not plainly dissimilar, infringement was plausible.

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Design Patent Bar Now Reality

Patently-O

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.