Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). Liquidleds) obtained registered Community design (RCD) no. Interpretation of Art.

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Art Design Designs Intellectual Property 59

JD Supra Law

NOVEMBER 7, 2022

The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world. By: Dentons

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Art Design Designs Law 106

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Design Patent Design Designs Patent 119

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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Art Design Designs Invention 98

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent 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 design patent matters.

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Design Patent Design Designs Graphic Design 111

The IPKat

MARCH 11, 2025

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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Copyright Art Design Designs 71

SpicyIP

DECEMBER 3, 2024

For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.

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Design Designs Patent IP 64

Plagiarism Today

JANUARY 13, 2022

2: Designer for Poler Branding Sues the Outdoor Apparel Brand’s New Owner. According to the lawsuit, Poler and Land Art & Design had an oral agreement at Poler’s launch to allow for use of the designs in question. It also targets YouTube alleging that the video sharing site hosts video of Free Fire gameplay.

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IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Design Designs Art Trademark Law 98

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Summary Judgment : Mosaic lacked product design trade dress rights. Is it Prior Art? Ridge Wallet LLC , — F.4th 4th — (Fed. Supreme Court 2022). = = = =.

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Art Branding Brands Branding 124

SpicyIP

NOVEMBER 9, 2024

This happens when the invention is assessed for non-obviousness with respect to the standard of ‘person skilled in the art.’ The Argument Across jurisdictions, ‘inventive step’ is assessed on the basis of the inventive concept’s non-obviousness, i.e., whether or not the core inventive concept is obvious to a person skilled in the art.

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Patent Law Law Invention Patent 105

JD Supra Law

MARCH 31, 2025

Authors, here, is a copyright-law catch-all term encompassing all creators, be they writers, painters, filmmakers, graphic designers, or even software coders. This is consistent with longstanding precedent (in the US, at least) that only works by human authors can be protected by copyright. Monkeys need not apply.)

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Graphic Design Copyright Art Copyright Law 66

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

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Design Designs Registration Art 119

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

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Copyright Art Design Designs 52

Plagiarism Today

FEBRUARY 10, 2022

Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

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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. First, they must be novel (i.e., Telflex, Inc.,

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Design Patent Design Designs Patent 98

Intellectual Property Law Blog

DECEMBER 7, 2023

VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc.

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Art Social Media Branding Brands 147

Plagiarism Today

JANUARY 5, 2022

Anyone could also publish their own version of the book, either with the original art or new art that they created. The characters, in particular the line art drawings, look very little like the versions we know today and, though the book is still popular, it is far less recognizable than the Disney works.

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Public Domain Art Publishing Plagiarism 353

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

Copyright 52

Copyright Art Design Designs 52

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Art Invention Copying Designs 130

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Design Designs Copyright Copyright Infringement 105

IP and Legal Filings

JANUARY 27, 2025

For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement. Transparent AI Design: Developers should aim for transparency when designing AI systems.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art.

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Art Invention Patent Application Publishing 111

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? 511 (1871).

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Design Patent Art Design Designs 69

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? any known prior art references material to patentability.

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Design Patent Design Designs Patent Application 98

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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Design Patent Design Designs Patent 98

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

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Design Designs Registration Marketing 105

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Design 124

Design Designs Intellectual Property Editing 124

The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. Designs Marcel Pemsel looked into the latest decision of the General Court concerning the design of a light bulb and the interpretation of Art.

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Artistic Work Invention Design Designs 59

The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

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Plagiarism Today

SEPTEMBER 21, 2021

Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. And this one.

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Plagiarism Graphic Design Copying Artwork 246

SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The appellant filed various prior art documents and the USPTO decision that granted the patent after evaluation of the prior art documents.

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Design Designs Patent Patent Application 103

The IPKat

JANUARY 30, 2022

The BoA decision has been appealed, so the General Court (and potentially, the Court of Justice) will provide guidance as to whether consumables fall under the scope of Art. 4(2) Design Regulation. The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. Under Art.

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Art Design Designs 135

The Illusion of More

APRIL 28, 2023

Carla is a tech designer, author, and educator. […] The post Podcast – Tech Designer Carla Diana appeared first on The Illusion of More.

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Design Designs IP Art 100

IP and Legal Filings

FEBRUARY 8, 2023

Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). The basis for registration is not specified.

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