Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

Design Patent 144

Design Patent Designs Design Patent 144

JD Supra Law

JANUARY 28, 2025

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug. 6, 2024) and Hangzhou Taihe Trading v.

Design Patent 68

Design Patent Designs Design Patent 68

Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch.

Design Patent 141

Design Patent Designs Design Patent 141

Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. 1997) (design patent scope is limited to the ornamental features).

Design Patent 141

Design Patent Designs Design Patent 141

JD Supra Law

SEPTEMBER 18, 2024

Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent law. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs. By: Bennett Jones LLP

Design Patent 120

Design Patent Patent Law Designs Design 120

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

Design Patent 122

Design Patent Publishing Designs Design 122

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 111

Design Patent Designs Design Graphic Design 111

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

IP Watchdog

JUNE 23, 2022

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness.

Design Patent 122

Design Patent Designs Design Patent 122

JD Supra Law

AUGUST 12, 2024

Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” design patents.

Design Patent 105

Design Patent Designs Design Intellectual Property 105

JD Supra Law

JUNE 26, 2024

May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents. GM Global Technology Operations L.L.C. By: Strafford

Design Patent 105

Design Patent Designs Design Patent 105

IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

Design Patent 130

Design Patent Designs Design Art 130

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. It’s well-established that design patents cover the visual designs that are actually claimed, not the larger design concepts.

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MAY 24, 2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. Teleflex Inc. LKQ Corporation et al.

Design Patent 110

Design Patent Designs Design Patent 110

IP Law 360

NOVEMBER 22, 2024

Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of design patents.

Design Patent 98

Design Patent Designs Design Intellectual Property 98

IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”

Design Patent 119

Design Patent Designs Design Patent 119

JD Supra Law

AUGUST 12, 2024

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

Design Patent 107

Design Patent Designs Design Patent 107

IP Law 360

JUNE 3, 2024

The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

FEBRUARY 23, 2023

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

JUNE 10, 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. 35 USC section 171. By: Weintraub Tobin

Design Patent 98

Design Patent Designs Design Patent 98

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.

Design Patent 98

Design Patent Designs Design Patent 98

IP Law 360

MAY 21, 2024

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

Design Patent 105

Design Patent Designs Design Patent 105

JD Supra Law

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 114

Design Patent Designs Design Patent 114

IP Law 360

NOVEMBER 19, 2024

Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.

Design Patent 98

Design Patent Designs Design Intellectual Property Law 98

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

Design Patent 98

Design Patent Designs Design Patent 98

IP Close Up

DECEMBER 3, 2024

In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading

Design Patent 93

Design Patent Designs Design Intellectual Property 93

JD Supra Law

FEBRUARY 28, 2023

design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on design patents issued by the Federal Circuit both involved appeals that originated at the Patent Office), all three precedential opinions in 2022 involved appeals that originated from district courts.

Design Patent 95

Design Patent Designs Design Patent 95

JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

Design Patent 105

Design Patent Art Designs Design 105

JD Supra Law

MARCH 20, 2025

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, theRosen-Durlingtest was used to assess obviousness of design patents. By: Womble Bond Dickinson

Design Patent 62

Design Patent Designs Design Patent 62

JD Supra Law

FEBRUARY 28, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MARCH 25, 2022

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy. By: Erise IP

Design Patent 102

Design Patent Designs Design Intellectual Property 102

JD Supra Law

FEBRUARY 28, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

Design Patent 98

Design Patent Designs Design Patent 98