Contracts Design Patent Patent Application 
LexBlog IP
FEBRUARY 23, 2022
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. Can you file a design patent application? For a design patent, 35 U.S.C. §
JD Supra Law
JUNE 28, 2022
the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. Medical Components, Inc., By: Manatt, Phelps & Phillips, LLP
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Patently-O
FEBRUARY 10, 2022
Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.
LexBlog IP
MARCH 6, 2023
Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine. For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. 1] The asserted patents were: U.S.
LexBlog IP
FEBRUARY 22, 2022
Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Second, the court reviewed the terms of the letter in view of contract principles under the UCC. Junker filed a design patent application on Feb.
IP Intelligence
FEBRUARY 22, 2022
Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § To qualify a “commercial” offer for sale, the Federal Circuit at least relies on the Uniform Commercial Code, Restatement (Second) of Contracts (1981) (the UCC).
SpicyIP
DECEMBER 30, 2023
The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.
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