LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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Design Patent Design Designs Patent 52

Patently-O

JUNE 11, 2024

GM is perhaps as dramatic a change for the design patent arena as Alice was for utility patents. The old Rosen-Durling test made it almost impossible to reject a design patent as obvious except for extreme cases involving either direct copying or extremely broad claims.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. Narrow patents are less likely to be found unpatentable.

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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 ”).

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Design Patent Design Designs Patent 52

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. 3d 1308 (Fed.

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Patent Trademark Blog

MAY 16, 2024

Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? When competitors start copying your innovative product, what is your fallback strategy to stop them? Ready to patent your consumer product? Sometimes ignorance is bliss.

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Design Patent Patent Patent Application Design 52

The IP Law Blog

DECEMBER 8, 2022

There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.

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Patent Design Patent Invention Inventor 98

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. If you are in that situation, perhaps not all hope is gone.

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IP Patent Design Patent Artwork 75

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item.

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Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

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Design Patent Design Designs Registration 52

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. For similar reasons, science fiction is rarely cited as prior art against later patent filings.

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Patent Law Law Inventor Patent 96

Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Design Patents. Design Patent No.

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Design Patent Copyright Law Intellectual Property Designs 52

IP Tech Blog

JANUARY 4, 2023

It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. It has been debated whether NFTs/DC could be protected in China by design patents. Applicable IP rights. The profit from this was over $12.5

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IP Ownership Non-Fungible Tokens Copyright Law 109

Patent Trademark Blog

MARCH 24, 2022

Unlike trademarks, patents do not require any use by the owner in order to be protectable. Patents also expire. For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention. But, how do you convert an idea in your mind into an actual patent?

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Intellectual Property IP Patent Application Invention 98

Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

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Business Patent Design Patent Designs 52

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

LexBlog IP

SEPTEMBER 27, 2021

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

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Design Designs Copyright Artistic Work 52

Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Any explanations of the prior art do not need to get into too much detail. When it comes to talking about the prior art, less is more. Patent drawings enable you to claim features that help distinguish your invention from the prior art.

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Patent Application Editing Patent Design Patent 53

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

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LexBlog IP

DECEMBER 8, 2022

There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.

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Patent Design Patent Invention Inventor 52

43(B)log

AUGUST 29, 2024

(Unsurprisingly, this is a former employee case with many different claims, most of which I will ignore, including design patent claims that fail because no reasonable jury could find the protectable elements confusingly similar in light of the prior art.)

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43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Repatriation of any copies for violation.

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Patentably Defined

JANUARY 19, 2011

a)(2) and requires: An amendment to the specification to insert (unless the specification contains or has been previously amended to contain) the following language as the first paragraph of the brief description of the drawings — “The patent or application file contains at least one drawing executed in color.

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Patent Application Design Patent Invention Copying 40

Garrigues Blog

JUNE 1, 2021

For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright. My product was copied and I haven’t registered it. Final act: will the Supreme Court lend bullfighting a helping hand? To what extent can reality be made fictional in a film or series?

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IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO. Why send a cease-and-desist letter?

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Cease and Desist IP Trademark Registration 52

SpicyIP

NOVEMBER 15, 2022

The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte. The Defendant was served with a copy of summons and it did appear in a few hearings, but later stopped, thus causing the matter to proceed ex-parte. Hindustan Unilever Limited v.

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LexBlog IP

JANUARY 4, 2023

’” It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs. It has been debated whether NFTs/DC could be protected in China by design patents. Applicable IP rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

FEBRUARY 22, 2021

Focus on basic and applied research in all fields of inquiry, including humanities—research intended to promote progress of science and useful arts, commercial and noncommercial. A: It could—he sees Minaj as definitely within scope b/c it’s not substitutional copying. Likewise, open access is part of the greater whole.

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IP Fair Use Copying Intellectual Property 40

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Controller of Patents & Designs Patent Office Mumbai. HULM Entertainment v.

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IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

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43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Merchandising right: ornamenting the person—think about merchandising as art, enhancing the self-presentation of the person.

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Trademark Law Law Trademark Registration 75

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52