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. 2019), place new weight on the claimed ‘article of manufacture.’

Design Patent 81

Design Patent Art Designs Design 81

JD Supra Law

FEBRUARY 3, 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. By: Weintraub Tobin

Design Patent 52

Design Patent Designs Design Patent 52

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

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

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

Design Patent 60

Design Patent Designs Design Patent 60

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. Read the full article on Law360. As an initial matter, design patent trials at the PTAB are relatively rare. PDF copy available.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. § 171).

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

FEBRUARY 23, 2022

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design.

Design Patent 52

Design Patent Patent Application Designs Design 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. For my own thoughts on those issues, see this article and this post. (Tl;dr: Design patents cover different things (ornamental designs as opposed to useful inventions). 21-2348 (Fed.

Design Patent 53

Design Patent Designs Design Patent 53

IPilogue

MAY 30, 2022

This article was written as a requirement for Prof. In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Intellectual Property Patent Infringement Patent Design Patent 112

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

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Thus, it was concluded that an article of manufacture is simply something made by hand or machine. Design Patents in Technological Era.

Design Patent 52

Design Patent Designs Design Technology 52

IPilogue

JANUARY 10, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series. ‍This article is the second in a 5-part series. Over the next six weeks, we’ll release articles on the following topics. Part 1: The Four Pillars of Patentability.

Invention 104

Invention Patent Intellectual Property IP 104

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. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

Design Patent 52

Design Patent Designs Design Patent Law 52

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

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. Teleflex , 550 U.S. Hunter Mfg., 3d 1326, 1334 (Fed. In contrast to the Rosen/Durling Standard, the U.S.

Design Patent 52

Design Patent Designs Design Patent 52

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 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. For those who say you can’t patent an idea, I’m using the term idea loosely.

Patent Application 98

Patent Application Patent Designs Design 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

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

Patently-O

OCTOBER 19, 2021

171 provides for the grant of patents for designs for articles of manufacture, not designs in the abstract. Professor Crouch is correct that this holding means that the scope of § 102 prior art for designs is limited. And none of the cases cited by the USPTO require design patents to cover designs per se.

Design Patent 60

Design Patent Designs Design Art 60

The TTABlog

MARCH 5, 2024

Under the Inwood test, a product configuration is functional under Section 2(e)(5) if (1) it is "essential to the use or purpose of the article,” or (2) it "affects the cost or quality of the article." JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark.

Design Patent 72

Design Patent Designs Design Trademark 72

IP Intelligence

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. [1]

Patent 96

Patent Intellectual Property Government Invention 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. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. D810,925 (“breast pump”).

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Inventor Art Designs Design 78

The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

Intellectual Property 78

Intellectual Property Invention Government Patent 78

TraskBritt Intellectual Property

MAY 18, 2021

A utility patent covers new and useful processes, machines, manufactures, formulas, compositions of matter, or new and useful improvements in any of these categories of inventions. Utility patent applications may be further broken down into two types – provisional and non-provisional. Design patents. Plant Patents.

Designs 52

Designs Design Design Patent Patent 52

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. A utility patent applies to a broad range of inventions.

Inventor 52

Inventor Patent Invention Design Patent 52

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

Design Patent 59

Design Patent Designs Design Patent Application 59

The IPKat

DECEMBER 5, 2021

Copyright This Kat put a lot of effort to find the perfect gift The Kluwer Copyright Blog published a compilation of analyses regarding the transposition of article 17 of the DSM Directive from Germany, Hungary, Italy and Sweden, as well as their respective issues, as presented as a part of a webinar organized by reCreating Europe project team.

Blogging 69

Blogging IP Intellectual Property Publishing 69

Larson & Larson

MARCH 26, 2021

Robert Easton, the mastermind behind GPS, obtained a patent for the technology and intellectual property behind his invention in 1974. The Different Types of Patents. There are three main types of patents recognized by the United States Patent and Trademark Office ( USPTO ); Utility Patents, Design Patents, and Plant Patents.

Patent 52

Patent Inventor Design Patent Designs 52

Patent Trademark Blog

SEPTEMBER 23, 2024

Did the manufacturer actually invent the product and make the very first iteration? If they merely modified the product, keep in mind that a change in the appearance of the product might not be enough avoid utility patent infringement. Simpler products that look unique are more likely to be covered by design patents, if at all.

Design Patent 52

Design Patent Patent Patent Infringement Designs 52

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?” Apple vs. Microsoft.

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Intellectual Property Design Patent Designs Design 76

SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application.

Designs 105

Designs Design Invention Registration 105

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. “The falsity of Crocs’ advertising is that Croslite is simply not patented—neither to Crocs nor to anyone else. Crocs largely prevailed in those actions. ” Dawgs brief. . §

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False Advertising Advertising Advertising Patent 115

More Than Your Mark

AUGUST 27, 2021

Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. What Is a Patent? Patents protect inventions. What Is a Copyright? Copyrights protect creative works.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52