Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Must the comparison prior art be the “same article” as claimed?

Design Patent 69

Design Patent Art Designs Design 69

JD Supra Law

MAY 30, 2024

The almost-full Federal Circuit (minus two judges) has overturned the Rosen-Durling test for determining design patent obviousness under 35 U.S.C. § Under 35 U.S.C. §

Design Patent 65

Design Patent Designs Design Patent 65

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. at 415, should cause us to eliminate or modify: (a) Durling’s requirement that “[b]efore one can begin to combine prior art designs.

Design Patent 64

Design Patent Designs Design Patent 64

Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published?

Design Patent 52

Design Patent Patent Application Publishing Designs 52

LexBlog IP

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 52

Design Patent Designs Design Patent 52

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.

Design Patent 52

Design Patent Designs Design Patent 52

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.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.” 21-2348 (Fed.

Design Patent 53

Design Patent Designs Design Patent 53

Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

Design Patent 52

Design Patent Designs Design Patent Application 52

SpicyIP

FEBRUARY 6, 2025

Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. The PGO was raised based on four prior art documents.

Patent 69

Patent Art Patent Application Invention 69

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Asserted Prior Art – Dick Blick “Stump” Art Tool. In this decision, captioned In re: SurgiSil, L.L.P.

Design Patent 52

Design Patent Designs Design Patent Law 52

Patent Trademark Blog

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? When do you need to patent an idea? Patent deadlines are critical. Apply for design or utility patent? How much to patent an idea?

Patent Application 98

Patent Application Patent Designs Design 98

Patent Trademark Blog

MARCH 14, 2022

We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions. Do you want to file a utility or design patent application, or possibly both? Can we tell you if your invention is patentable?

Patent Application 98

Patent Application Patent Invention Design Patent 98

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. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. GM Global Tech.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings.

Patent Law 96

Patent Law Law Inventor Patent 96

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.

Inventor 78

Inventor Art Designs Design 78

The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

Patent 98

Patent Design Patent Invention Inventor 98

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. A nexus is presumed if a product that is the subject of objective indicia evidence, such as commercial success, is coextensive with the claimed invention. In Campbell Soup Co. 4th 1268 (Fed.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

Patent 98

Patent Patent Application Design Patent Designs 98

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. This involves a compromise.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patently-O

OCTOBER 7, 2022

The examiner found some great prior art from 2013, which predates this particular design application filing date. But, the design patent also claimed priority to Zahner’s prior utility patent application (Serial No. The basic problem, can be seen in the design patent’s perspective view shown below.

Design Patent 78

Design Patent Designs Design Patent Application 78

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

Patent Application 98

Patent Application Patent Art Blogging 98

Patently-O

OCTOBER 19, 2021

Professor Crouch is correct that this holding means that the scope of § 102 prior art for designs is limited. And yes, it means you could take a shape developed for one article of manufacture and apply it to a different type of article and potentially get a design patent for it. But there is nothing wrong with that.

Design Patent 60

Design Patent Designs Design Art 60

Patent Trademark Blog

MARCH 24, 2022

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? This brings us to an important principle about patents. If you do not apply, you will not get any patent rights.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Essentially, it protects the functional aspects of inventions.

Patent 105

Patent Inventor Invention Intellectual Property 105

The IP Law Blog

DECEMBER 21, 2023

Design patent 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. The listed prior art includes a backscratcher, so maybe that is what this is for. It is not very appealing.

Inventor 113

Inventor Designs Design Design Patent 113

Patent Trademark Blog

SEPTEMBER 18, 2024

Is it possible to get your patent first before an earlier application is patented? In the old days, the US patent system gave rights to the one who was first to invent. That meant that if someone filed a patent application before you, there were ways to obtain your patent even though your filing date was later.

Patent Application 52

Patent Application Design Patent Patent Designs 52

Patent Trademark Blog

MARCH 6, 2024

Contact US patent attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can patent your medical device. Should you search prior art patents on medical devices? The medical device prior art tends to be quite crowded, meaning that broad patent claims will be challenging to obtain.

Patent Application 52

Patent Application Patent Art Design Patent 52

Patent Trademark Blog

AUGUST 1, 2023

For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent?

Patent 52

Patent Design Patent Patent Application Art 52

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. In Chapter 5, Robert Harrison focuses on the interactions between patents and utility models. The hypothetical case is an invention for a diagnostic device and method, all with the use of an artificial intelligence network to analyse data.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

LexBlog IP

APRIL 14, 2022

The USPTO may issue a patent to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to certain conditions and requirements.

Invention 40

Invention Patent Art Patent Application 40

Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. 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. How should you review patent drawings?

Patent Application 53

Patent Application Editing Patent Design Patent 53

LexBlog IP

FEBRUARY 2, 2022

Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard. for infringing two patents directed to computerized methods for building three-dimensional objects. By Emily Parker and David Barker.

Art 52

Art Design Patent Invention Patent 52