IIPRD

JANUARY 7, 2025

If such products were created by a human inventor, they could be eligible for patent protection. A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators.

IP 98

IP Intellectual Property Invention Inventor 98

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.

Design Patent 119

Design Patent Designs Design Patent 119

Patently-O

MARCH 11, 2022

In a forthcoming article, I argue that the PTO’s don’t-ask-don’t-tell approach is a truly problematic legal fiction. ” This holding is simply inconsistent with the Patent Act’s plain language, Congressional intent, and the Constitution. The result of which will be to discourage innovation, limit. Thaler Brief.

Inventor 127

Inventor Patent Law Law Patent 127

Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.

Patent Law 111

Patent Law Patent Law Invention 111

JD Supra Law

DECEMBER 4, 2024

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners

Patent Application 70

Patent Application Designs Design Design Patent 70

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

Intepat

APRIL 7, 2025

However, the patenting of methods for medical treatment of human beings presents a complex issue, intertwining patent law with medical law. Medical law, rooted in the Hippocratic Oath, prioritizes the preservation of human life.

Patent 52

Patent Inventor Invention Patent Law 52

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. The above patent application was filed in 2011.

Designs 103

Designs Design Patent Patent Application 103

The IPKat

JANUARY 28, 2025

Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence. Beyond this high-level guidance from Article 2 of the Protocol, the UPC faces the challenge of developing its own approach to assessing infringement by equivalence.

Invention 90

Invention Art Patent Designs 90

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. 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.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct.

Design Patent 52

Design Patent Designs Design Patent Law 52

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

The TTABlog

AUGUST 30, 2021

The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.

Designs 98

Designs Design Advertising Advertising 98

Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Neapco Holdings LLC, et al. ,

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

Patent Law 72

Patent Law Law Patent Invention 72

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.

Design Patent 52

Design Patent Designs Design Technology 52

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

IP 52

IP Designs Design Artistic Work 52

The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim.

Designs 98

Designs Design Patent Patent Infringement 98

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

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 Article 2.4 In China, a GUI alone cannot be registered as a design patent.

Design Patent 57

Design Patent Designs Design Patent 57

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

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 133

IP Branding Branding Brands 133

IP Watchdog

JANUARY 13, 2025

Court of Appeals for the Federal Circuit (CAFC) on Monday, January 13, issued a precedential decision denying a state law conversion claim as being preempted by patent law and rejecting BearBox LLC owner Austin Storms bid to be named a sole or joint inventor on Lancium LLCs patent.

Inventor 64

Inventor Patent Patent Law Designs 64

SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). In this post by Kartikeya S., he discusses the key points from the treaty. Singh, and Senior Advocates, Mr. C.S. Read more for the details.

Invention 52

Invention Trademark Reporting Editing 52

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

Designs 97

Designs Design Artistic Work Technology 97

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).

Design Patent 53

Design Patent Designs Design Patent 53

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.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

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

Design Patent 52

Design Patent Designs Design Intellectual Property 52

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. ,

Design Patent 82

Design Patent Art Designs Design 82

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 Article 2.4 In China, a GUI alone cannot be registered as a design patent.

Design Patent 52

Design Patent Designs Design Patent 52

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. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?

Designs 52

Designs Design Design Patent Intellectual Property 52

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. Utility patents. Design patents.

Designs 52

Designs Design Design Patent Patent 52

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. 2] This same issue has arisen in other IP treaty negotiations over the past few decades. [3] negotiating position.

Designs 40

Designs Design Law Registration 40

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

Patent 119

Patent Invention Inventor Litigation 119

Patently-O

NOVEMBER 3, 2021

As Islamic countries have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological debates under classical Islamic law, including for construing patentable subject matter and assessing patent infringement. patent law. patent system.

Law 106

Law Patent Intellectual Property Patent Infringement 106

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