Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? You found the right post.

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Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.” Please see full article below for more information. By: Kilpatrick Townsend & Stockton LLP

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

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Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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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.

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IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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Patent Trademark Blog

SEPTEMBER 10, 2024

Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN? Design or Utility Patent: What type of IP will block Amazon sellers more effectively? Know which type of patent you own.

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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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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.,

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

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JD Supra Law

JULY 5, 2023

GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. After renewal negotiations fell through in early 2022, GM informed LKQ and its business partners that the parts LKQ was selling were no. LKQ used to act as a licensed repair part vendor for GM.

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43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

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Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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IP Watchdog

APRIL 18, 2022

Patent and Trademark Office hosts its 15th annual Design Day taking a deeper look at the benefits of design patent protection and case law and legislative developments in that sector.

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IP Watchdog

JUNE 28, 2022

Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Patent Trademark Blog

OCTOBER 26, 2022

The Tradeoff: Giving Up Secret Information To Get Exclusive Rights. There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. What kind of information are we talking about?

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LexBlog IP

FEBRUARY 15, 2024

As outlined in our previous post , securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. ” Independent and Complete Design Units For now, partial claims should form an independent and complete design unit.

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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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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? How much to patent an idea?

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JD Supra Law

FEBRUARY 7, 2024

LKQ filed an inter partes review challenging GM’s auto fender design patent. But, after renewal negotiations fell through in early 2022, GM informed LKQ that the parts LKQ was selling were no longer licensed and therefore infringed GM’s design patent. In response, LKQ sought to invalidate the patent in an IPR.

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LexBlog IP

SEPTEMBER 27, 2021

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. .” A copyright audit performed by a qualified design rights attorney may be able to identify these “slumbering” rights.

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Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Then, such design applications should not be made. Design Search Procedure.

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. In fact, the only way to benefit from trade secret protection is to keep the information secret. As the U.S.

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LexBlog IP

JUNE 2, 2022

Protecting the Product ’s Editor-in-Chief James Aquilina and regular contributor Joseph Ambrose will each teach sessions at the American Intellectual Property Law Association’s “Design Rights Boot Camp” on June 23-24, 2022, in Arlington, Virginia. Protecting Designs in the Virtual World. June 24 – 10 a.m.

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JD Supra Law

NOVEMBER 21, 2024

The USPTO has published its final rule setting patent fees that will take effect January 19, 2025. By: Foley & Lardner LLP

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LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

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Patent Trademark Blog

SEPTEMBER 23, 2024

In fact, foreign companies may even hire non-US patent agents or lawyers to investigate US patents for infringement. Overseas manufacturers who have done their due diligence would probably be willing to share any favorable information that can promote sales of their allegedly safe products.

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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. January 1999 : Eddings sent Boston Scientific a letter with pricing information for its Peelable Sheath Set.

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Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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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. ” Several years ago, the US implemented the Hague Agreement Concerning the International Registration of Industrial Designs (Hague System).

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