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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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Documents required for filing a design patent application in China

JD Supra Law

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners

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Proving Printed Publications

Patently-O

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. There is simply no explanation or verification of the source, date or accessibility of the information presented on these documents.

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Schedule-A Example

Patently-O

The list of defendants is apparently in Schedule-A, but that document was filed under seal. Once the temporary restraining order has been served on the relevant parties and the requested actions are taken, Dyson will move to unseal these documents. Dyson’s patent here is U.S. Design Patent No. Oct 27, 2022).

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The New Patent Playbook in Action: A Look at Rules 25(1) and 55(3) of the Patent (Amendment) Rules 2024 for Pre-Grant Oppositions

SpicyIP

Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. The PGO was raised based on four prior art documents.

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Protective Orders and Joint Defense Agreements

Patently-O

Design Patent D771,400, covering an ornamental design for a stadium seat. The district court found a large number of similar prior art designs and thus narrowly construed the potential infringement window. Lee wanted to send some confidential case documents to Hecht. Static Media LLC v.

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Are you Smarter than a Law Student? (Civil Procedure Edition)

Patently-O

The company also owns a design patent covering the product. Later, during litigation, Dryson submitted a request to Amaxon seeking discovery of documents held by Amaxon that relate to Dryson’s intellectual property. Dryson is interested in the documents because proof of willful infringement can lead to treble damages.

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