The IPKat

JANUARY 23, 2024

Thank you to readers who voted for the IPKat book of the year awards 2023! Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi.

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

IP Watchdog

JUNE 30, 2023

Court of Appeals for the Federal Circuit (CAFC) has granted a rare en banc review of its January, 2023, decision in LKQ Corporation v. Patent D855,508 covers a “vehicle front skid bar.”

Design Patent 119

Design Patent Design Designs Patent 119

The IPKat

FEBRUARY 21, 2025

The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. quoting UPC_CoA_335/2023 ).

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Patent Invention Art Litigation 59

JD Supra Law

FEBRUARY 8, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. In particular, the U.S.

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Design Patent Design Designs Patent 79

The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. You can check out the previous nominees and winners here.

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Social Media Intellectual Property Intellectual Property Law Related Rights 122

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents 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.,

Design Patent 98

Design Patent Design Designs Patent 98

IIPRD

JANUARY 7, 2025

PATENTS The arena of patents has evolved with time, and in contemporary times, the scope of subject matter that is patentable has also evolved, which in turn has modified the requirements of patents. As contemporary technology has developed, the patent system has faced fresh difficulties.

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IP Intellectual Property Invention Inventor 98

SpicyIP

MARCH 24, 2025

The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. Also, what does this tell about the quality of patent grant/ rejection orders? Her previous posts can be accessed here. Well take quick look at these pressing questions in this post.

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Patent Patent Application Invention Design 59

JD Supra Law

FEBRUARY 12, 2024

2023 was another busy year for district court decisions! There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary judgment decisions, and even multiple jury trials.

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Design Patent Design Designs Patent 70

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

JD Supra Law

FEBRUARY 2, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Design Patent Design Designs Patent 75

JD Supra Law

FEBRUARY 9, 2024

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design.

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Design Patent Design Designs Patent 68

JD Supra Law

JANUARY 18, 2023

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Seirus Innovative Accessories, Inc.

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Design Patent Design Designs Patent 93

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

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Registration Design Designs Journalism 98

JD Supra Law

MARCH 7, 2024

Patents related to a type of personal hydrofoil watercraft called an eFoil. Following a jury trial in March 2023, where certain patent claims were examined, it was determined that Waydoo had indeed infringed on MHL's patents and had to pay a $500 royalty per board sold, totaling $1,334,000 in damages.

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Design Designs Patent 112

IP Watchdog

NOVEMBER 7, 2024

Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023.

Reporting 59

Reporting IP Intellectual Property Patent Application 59

IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

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Design Patent Design Designs Patent 78

JD Supra Law

FEBRUARY 15, 2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

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Design Designs Design Patent Law 73

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. It is governed by the Patent Act, 1970. Registration of patent is mandatory.

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Intellectual Property Registration Design Designs 83

The IPKat

NOVEMBER 17, 2024

Drawing on 2023 filing, registration and renewals statistics from national and regional IP offices and WIPO, WIPI covers patents, utility models, trade marks, industrial designs, microorganisms, plant variety protection and geographical indications. This annual survey analyzes IP activity around the globe. programmes: - LL.M.

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Intellectual Property Editing Reporting IP 69

Intellectual Property Law Blog

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

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Design Designs Patent Inventor 147

SpicyIP

DECEMBER 30, 2023

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’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

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Design Designs Patent Invention 117

IP Watchdog

APRIL 12, 2023

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Thus, it’s time to get one’s ducks in a row and to prepare for this new court system, which provides for a pan European injunction in patent matters.

Patent 122

Patent Government Design Designs 122

JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

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Design Patent Design Designs Brands 75

JD Supra Law

FEBRUARY 14, 2024

The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. And of those 356 investigations, 187 cases proceeded to Final Determination.

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Design Patent Design Designs Patent 65

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 16, 2023).). 78644 (Nov. By: McDermott Will & Emery

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Design Patent Design Designs Patent 68

JD Supra Law

SEPTEMBER 29, 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - FTC Guidelines Influence How Influencers Influence - How Design Patents Can Complement Brands' Trademark Portfolios. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Marketing Marketing Design Patent Design 85

IP Watchdog

MAY 21, 2023

The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, Part 2 on the timelines and Part 3 on the remedies that are available at the UPC, this Part 4 will address the financial aspects of UPC infringement proceedings.

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Patent Design Designs Patent Infringement 126

The IP Law Blog

MARCH 9, 2023

1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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Design Designs Patent Patent Infringement 98

JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

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Design Patent Design Designs Copying 65

IP Watchdog

MAY 3, 2023

The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.

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Patent Government IP Design 123

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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Inventor Design Designs Invention 130

JD Supra Law

FEBRUARY 14, 2024

In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., LKQ Corporation v. GM Global Technology Operations LLC, and Blue Gentian, LLC v. Tristar Products, Inc.

Design Patent 68

Design Patent Design Designs Patent 68

JD Supra Law

AUGUST 23, 2024

2023-1227 (Fed. Opinion by Cecchi (sitting by designation), joined by Moore and Taranto. Platinum Optics Technology Inc. Viavi Solutions Inc., By: Alston & Bird

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Design Designs Patent Technology 115

JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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Design Patent Design Designs Patent Application 68

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent 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.

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Design Patent Patent Infringement Design Designs 72