Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

JD Supra Law

MARCH 21, 2023

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners

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Design Patent Designs Design Patent Application 52

JD Supra Law

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. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 98

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. 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 57

IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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Design Patent Designs Design Patent 59

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.

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Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Patent Law 52

Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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Design Patent Patent Law Designs Design 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

Design Patent 52

Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Patent 60

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

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

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Design Patent Designs Design Patent Application 40

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).

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Design Patent Designs Design Patent 52

JD Supra Law

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. By: Quarles & Brady LLP

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Designs Design Design Patent Intellectual Property 62

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]

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Design Patent Art Designs Design 52

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].

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Design Patent Art Designs Design 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

JD Supra Law

MARCH 4, 2024

This Patent Law case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two design patents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC

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Patent Infringement Patent Design Patent Designs 62

More Than Your Mark

AUGUST 13, 2021

If you think patents are all about protecting something “technical” or something only a scientist or engineer could appreciate, you are mistaken. Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. Design and Utility Patents.

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Designs Design Design Patent Patent 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.

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Designs Design Design Patent Patent 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 115

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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Designs Design Design Patent Inventor 67

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.”

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 96

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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Design Patent Art Designs Design 82

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] Kara also supports the prosecution of Chinese design applications.

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LexBlog IP

AUGUST 14, 2023

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.

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Reporting Cease and Desist Patent Intellectual Property 52

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. 3-D Printing and Copyrights, Patents, or Trademarks. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

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Intellectual Property Designs Design Invention 98

The IP Law Blog

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. 10,123,646.

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Patent Design Patent Invention Inventor 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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Patent Inventor Invention Intellectual Property 92

JD Supra Law

AUGUST 17, 2022

The PRER could be used as evidence for the trial or dealing with patent infringement disputes. By: Linda Liu & Partners

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Reporting Patent Design Patent Patent Infringement 52

LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

Designs 52

Designs Design Inventor Design Patent 52

Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

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IP Law 360

JANUARY 18, 2024

The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.

Design Patent 40

Design Patent Branding Brands Branding 40

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Why file a patent before publicly disclosing your invention?

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Patent Application Patent Invention Inventor 52

LexBlog IP

NOVEMBER 15, 2022

patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer. As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products.

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