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by Dennis Crouch The USPTO is officially establishing a separate designpatent 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 designpatent matters.
Designpatents and utility patents are two different things. Designpatents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,
by Dennis Crouch Designpatents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patentlaw decisions are typically written. The case itself involves designpatents covering GM parts, such as front fenders. Teleflex Inc.,
This post will focus on another key issue from the case – the relevance of logos in designpatent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.
Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up designpatentlaw. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.
By Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. 2023) ( docket ). As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the designpatent case of LKQ v. Designpatents cover different things (ornamental designs as opposed to useful inventions).
by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running designpatent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. DesignPatent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,
on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.
.” The article was authored by the AIPLA’s Augmented Reality(AR) / Virtual Reality(VR) subcommittee, which I had the honor of co-leading with Barrett Spraggins in 2022 (and continue to co-lead in 2023). The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.
Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Designpatent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel.
How many patents have I obtained for clients? As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and designpatents in the US. OR (first name).att. WITH2 (last name).att.
Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and designpatents. Registering copyrights with the U.S.
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