IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

IP 98

IP Intellectual Property Invention Inventor 98

SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 114

Invention Patent Application Art Patent 114

Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? How much to patent an idea?

Patent Application 98

Patent Application Patent Designs Design 98

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

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? What exactly is a patent publication?

Design Patent 52

Design Patent Patent Application Publishing Designs 52

SpicyIP

NOVEMBER 9, 2024

Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. This happens when the invention is assessed for non-obviousness with respect to the standard of ‘person skilled in the art.’

Patent Law 105

Patent Law Law Invention Patent 105

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 judgment raises serious concerns regarding the quality of functioning of the patent office. It did not discuss the prior art documents and the USPTO decision at all.

Designs 103

Designs Design Patent Patent Application 103

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

Design Patent 81

Design Patent Art Designs Design 81

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. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

Art 124

Art Brands Branding Branding 124

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. Still, seemingly qualify as prior art under 35 U.S.C.

Art 111

Art Invention Patent Application Publishing 111

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. What is an original design?

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending.

Design Patent 52

Design Patent Patent Application Designs Design 52

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. ” The Patent Office refused the application solely on procedural grounds, citing a delay in filing additional written submissions. In Blackberry Limited v.

Patent 59

Patent Patent Application Invention Design 59

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 Designs Design Patent 98

The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The case goes as follows.

Designs 111

Designs Design Art Patent 111

JD Supra Law

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. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

Design Patent 98

Design Patent Designs Design Patent Law 98

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent?

Design Patent 52

Design Patent Patent Application Designs Design 52

The IPKat

MARCH 11, 2024

As a reminder, Art. As a reminder, Art. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 41(1) CDR , provided that the subject matter of the two applications is substantively the same.

IP 115

IP Art Designs Design 115

JD Supra Law

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. By: Foley & Lardner LLP

Design Patent 52

Design Patent Patent Application Designs Design 52

Patent Trademark Blog

MARCH 18, 2025

Need the right patents to stop Amazon sellers from copying your innovative products? Contact US patent attorney Vic Lin at vlin@icaplaw.com to see how we can help protect your Amazon sales. Do you need a utility patent or design patent? In some cases, it may make sense to file both types of patent applications.

Design Patent 52

Design Patent Patent Designs Design 52

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Design Patent 81

Design Patent Designs Design Patent 81

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

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].

Design Patent 52

Design Patent Art Designs Design 52

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]

Design Patent 52

Design Patent Art Designs Design 52

The IPKat

JANUARY 28, 2025

The patent in question ( EP2137782 ) particularly related to devices and methods of generating electricity from living plants using microbial fuel cells (MFCs). MFCs using microorganisms to convert organic compounds into electrical energy were known in the art. Is the allegedly infringing product novel and inventive over the prior art?

Invention 90

Invention Art Patent Design 90

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. Image from here.

Patent 69

Patent Art Patent Application Invention 69

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. Another flavor of AI patents is related to accelerators, hardware pieces with built-in software logic accelerating training and/or inferencing process.

Invention 242

Invention Patent Privacy Inventor 242

LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. 29/491,550 (the ’550 application).

Design Patent 40

Design Patent Patent Application Designs Design 40

Patently-O

JANUARY 13, 2023

Prior Patently-O coverage of this appeal is available here.) My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. 100480, “Insulating fabrics.”).

Design Patent 75

Design Patent Designs Design Patent 75

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. The Controller had rejected the application on the ground of lack of inventive step in light of the previously cited prior art. Rosemount Inc. Satheesh Madhav and Anr.

Trademark 126

Trademark Invention Patent Art 126

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Designs Design 111

IP.com

NOVEMBER 7, 2024

Invention Novelty Assessment: conduct a quantitative assessment of the novelty of an innovation against a corpus of global prior art to evaluate the feasibility of pursuing a patent. Provisional applications can be useful for technologies that are still in development, providing additional time to refine the invention.

Technology 52

Technology IP Cease and Desist Patent Application 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. The design must be a design for a specific article; it cannot exist independently of the article.

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. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

IP Law 360

MAY 29, 2024

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

Design Patent 52

Design Patent Designs Design Patent 52

Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand.

Art 52

Art Patent Invention Patent Application 52

SpicyIP

DECEMBER 22, 2022

The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. The Delhi High Court, in Art Screw Co., The Delhi High Court, in Art Screw Co.,

Invention 130

Invention Patent Application Designs Design 130