IAM Magazine

NOVEMBER 2, 2022

According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application.

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Designs Design Design Patent Patent 52

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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Design Patent Designs Design Patent 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. The lower court thus erred by permitting the jury to consider additional references. Design Patent No.

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Design Patent Art Designs Design 80

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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Design Patent Copyright Law Intellectual Property Designs 52

Patently-O

JANUARY 20, 2023

It can be especially useful as “obviousness” prior art because, to quote the Federal Circuit, a “reference that does not provide an enabling disclosure for a particular claim limitation may nonetheless furnish the motivation to combine, and be combined with, another reference in which that limitation is enabled.” Raytheon Techs.

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Patent Law Law Inventor Patent 94

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 Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

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False Advertising Advertising Advertising Patent 113

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.” Although case applied pre-1952 law, the reminder here is poignant.

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Law Public Domain Design Patent Invention 44

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. An accused design does not have to exactly match the drawings. by Dennis Crouch.

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Design Patent Art Designs Design 80

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case under scrutiny is LKQ Corp. GM Global Tech , 21-2348 (Fed. Teleflex Inc., 2d 388 (CCPA 1982), and Durling v.

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Design Patent Designs Design Patent 62

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. Tl;dr: The primary reference requirement is good but the Federal Circuit has applied it too strictly.) It refers only to the statutory “provisions.” They are fundamentally different types of patents.

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Design Patent Designs Design Patent 51

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Industrial Design Law. It also establishes the possibility of using other means of resolving design disputes, such as mediation.

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Law Designs Design Trademark 62

The IP Law Blog

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” But there are exceptions and exclusions under patent law.

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Confidentiality Invention Business Artistic Work 113

The IPKat

SEPTEMBER 28, 2021

Previously, in the 12th and 13th Five-Year Plans, the criterion adopted was ‘the number of invention patents per 10,000 people’ – a shift from quantity to quality and policy-led strategic upgrade is evident. Invention patents in strategic emerging industries. Invention patents that have the patent family overseas.

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Intellectual Property Invention Government Patent 73

LexBlog IP

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. Why would a company want to design a unique typeface?

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Design Patent Designs Design Patent 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets. Design patents: Design patents protect novel ornamental designs for an article.

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Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” ” But there are exceptions and exclusions under patent law.

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Confidentiality Invention Business Artistic Work 52

TraskBritt Intellectual Property

JUNE 10, 2021

Overall, the amount of time it takes to acquire a patent varies based on the field of technology and on the type of application, which may be a provisional, design, utility, or plant application. See also a previous discussion on the potential patentability of an invention: [link]. a utility, plant, or design application).

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Patent Application Patent Invention Patent Prosecution 52

Patently-O

FEBRUARY 8, 2022

patent laws. By design, patent challengers get one-bite at the Apple; one shot at invalidating the patent claims based upon obviousness or anticipation. My colleague Tommy Bennett refers to this as the “Rule of Circuit Precedent.”

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Litigation Art Invention Patent 54

The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” First, Pandaloon argues that the Complaint fails to allege that the inventor or her attorney were aware of either the prior art costumes during prosecution, that either believed that the references were material, and that either intentionally withheld them.

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Art Inventor Patent Infringement Patent 98

43(B)log

FEBRUARY 3, 2024

Also no reference to cannabis, THC, or CBD. Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. but helpful to research.

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Designs Design Law Design Patent 57