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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.
by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate designpatent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub). The proposal appears to not affect those already registered to practice.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
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).
United States applicants can file a single designpatent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. Filing a designpatent in Brazil has never been easier. As of August 1, 2023, U.S.
REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023Registration 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
on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.
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.
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.
Lei, 2023 WL 6373073, No. 21, 2023) Deetsch alleged that he owned designpatents for CPAP pillow products, which the Lei defendants infringed. 22-cv-1166-RSH-BLM (S.D. Again, right of publicity would’ve been better.
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.
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 designpatents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.
Applying the Morton-Norwich factors, and giving some weight to applicant's designpatents, 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.'" Welch 2023.
The second notice titled “Expanding Admission Criteria for Registration To Practice in Patent Cases” requests public comments on five topics. [3]. Request 3 : Possible Creation of a Separate DesignPatent Practitioner Bar. This additional exam would not impact those already registered.
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.
Geeta Kewalani on 2 February, 2023 (Delhi High Court) Delhi High Court relying on ‘Laxmikant V Patel v Chetanbhai Shah’ passed an interim injunction restraining the Defendant from using the mark “Foot Locker”. After the Supreme Court ruling in Toyota v. Case: Foot Locker Retail, Inc vs Smt.
This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.
On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.
Applicant Kason's ownership of a designpatent for the same design "presumumptively indicated that the design is not de jure functional," In re Becton, Dickinson and Co. , but utility patent evidence overcame that presumption. The question for designpatentability is whether the design is the only one that works.
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