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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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Design Patents are Heating Up at the Federal Circuit, Again

LexBlog IP

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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What is a Design Patent?

LexBlog IP

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.

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What is a Design Patent?

The IP Law Blog

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.

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Impact of Full Federal Circuit’s Design Patent Decision is Far from Obvious

IP Watchdog

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

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Build a Consumer Base with Innovation; Protect Sales with Design Patents

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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What CannI Say? Litigating Cannabis Patents In District Court

LexBlog IP

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. 23, 2022). [1]