LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6]. ” [6].

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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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. The case itself involves design patents covering GM parts, such as front fenders. Teleflex Inc.,

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Patently-O

SEPTEMBER 17, 2023

by Dennis Crouch In a previous post, I examined the important issue of comparison prior art that emerged from the dispute between Columbia Sportswear and Seirus. This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Lubecore Int’l, Inc. , 3d 494 (6th Cir.

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Patently-O

JANUARY 20, 2023

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. And shouldn’t science fiction serve as prior art against other peoples’ patents?

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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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The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” In this case, Pandaloon sought dismissal of CCC’s inequitable conduct claim on the grounds that CCC fails to plead with particularity knowledge of prior art, knowledge of the materiality of that prior art, and specific intent.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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Patently-O

JULY 6, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Design patents cover different things (ornamental designs as opposed to useful inventions).

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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More Than Your Mark

AUGUST 13, 2021

If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Each is required to have all the claims protect something new and non-obvious over the prior art. Each undergoes examination by a patent examiner in the U.S. Utility patent examination in the U.S.

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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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More Than Your Mark

AUGUST 20, 2021

The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent. This partnership enables fans to create and 3-D print their own My Little Pony fan art figurines without fear of infringing on Hasbro’s trademark.

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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.

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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. Design Patents. Design Patent No. Design Patent No. Design Patent No.

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IP and Legal Filings

AUGUST 27, 2022

To satisfy the basic requirement of gaining a design patent, the applicants must truly depict that the design must be for an article of manufacture or it must be embodied in such an article of manufacture. The difference between a mere picture and a design patent is simply the embodiment of design in an “article of manufacture”.

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The IP Law Blog

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” But there are exceptions and exclusions under patent law.

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Patently-O

FEBRUARY 5, 2024

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” John Deere Co. of Kansas City , 383 U.S. 1, 5–6 (1966).

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Product patent- This law is important for providing safeguards to products. For modern and synthetic biological drugs, chemical compounds, genetically modified proteins, and gene sequences are protected under product patent law. This patent is important in the pharmaceutical industry and in the food and dairy sectors.

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Patent Trademark Blog

JANUARY 29, 2024

When is the second best time to apply for patents? If you have already publicly disclosed your invention, the second best time to file patents would be within one year of your earliest public disclosure date. US patent laws give inventors a 1-year grace period to apply for US patents. Patent costs vary widely.

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TraskBritt Intellectual Property

JUNE 10, 2021

For fields where the technology develops quickly, the examination process may take longer because more patents are being processed at the USPTO and Examiners must look through more potential prior art references. Upon the submission of an application, the application will be sent to an art group at the USPTO. Office Actions.

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Patently-O

FEBRUARY 8, 2022

patent laws. By design, patent challengers get one-bite at the Apple; one shot at invalidating the patent claims based upon obviousness or anticipation. In the litigation, Apple and Broadcom had hoped to rely upon several prior art references during litigation. ” California Inst. Broadcom Ltd.,

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Patently-O

APRIL 12, 2024

If successful, the DLT would make it “significantly easier for small and medium-sized enterprises to obtain industrial design protection overseas as a result of simplified, streamlined and aligned procedures and requirements.” In the US, these are design patent rights. 21242 (Mar. 27, 2024). [2] SCT/35/2. [3]

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LexBlog IP

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” ” But there are exceptions and exclusions under patent law.

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LexBlog IP

DECEMBER 6, 2021

Keep in mind; our patent system is a first-to-file patent system – meaning, it will generally only award patent rights to the first patent applicant. Software technology is patentable under International and US Patent law. User Interfaces may be protectable with Design Patents as well.

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The IPKat

NOVEMBER 27, 2024

Additionally, it addresses the protection of designs through copyright, trade marks, and passing off. The chapter dedicated to the EU focuses on the concept of Community (going forward: EU) design (i.e., novelty, prior art, individual character, consistency, grounds of invalidity).

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