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.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Article 2.4 In China, a GUI alone cannot be registered as a design patent. 2014)??(?)???2815?).

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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”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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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. For my own thoughts on those issues, see this article and this post. (Tl;dr: GM Global Tech. , 21-2348 (Fed.

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Article 2.4 In China, a GUI alone cannot be registered as a design patent.

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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JD Supra Law

AUGUST 22, 2022

Kilpatrick Townsend Partners Babak Kusha and Justin Eurek recently presented “Must-Knows in Design Patents for Patent Professionals and In-House Counsel” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS). Please see full article below for. By: Kilpatrick Townsend & Stockton LLP

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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]. 1] 35 U.S.C. § § 289. [2]

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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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LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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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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IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. 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.

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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. Be sure to consult with an experienced patent attorney on how best to claim your new 3-D printing innovation so that it is worthwhile. Trademarks.

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TraskBritt Intellectual Property

MAY 18, 2021

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Design patents. Plant Patents.

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LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Examples of proper patent markings include “Patent D654,321” and “Pat.

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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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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 briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § Crocs largely prevailed in those actions. .”

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LexBlog IP

NOVEMBER 21, 2023

As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Therefore, for the time being, it is very important for patent practitioners to be thoughtful when filing partial design patent applications in China.

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LexBlog IP

AUGUST 14, 2023

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.

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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.

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The IPKat

SEPTEMBER 28, 2021

the number of high-value invention patents per 10,000 population) will be presented clearly and fulfilled timely. China has three types of patents: invention patents, utility model patents and design patents. See Article 2 of the Patent Law of China (2020 Amendment).

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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. Patent owners have the exclusive right to make, use, or sell the invention covered by the claims of their patent.

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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.” It is not enough that an article is new and useful. John Deere Co.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are different types of patents that startups can apply for depending on their invention: Utility patents: These are the most common types of patents and cover new processes, machines, compositions of matter (such as chemical compounds), or improvements to existing ones.

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JD Supra Law

DECEMBER 24, 2024

Article 27(2) of the Chinese Patent Law provides that the relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought.

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43(B)log

FEBRUARY 3, 2024

Why the difference between patent & TM sides? TM office may get in the news more; articles about “how dare they grant a patent to this thing” don’t seem to appear. Stiffel: invalidated patent on another midcentury modern lamp. Design patent protection: the justification is a puzzle. Moral considerations?

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