IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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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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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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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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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

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. Section 4.4.2

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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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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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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 Watchdog

DECEMBER 8, 2024

I was consistently intrigued by the opportunity to bring harmony to international design lawan area plagued by discord and confusion, including disagreement over the very terminology used to describe the right (e.g., design patent, industrial design, design registration, design model, aesthetic model, etc.).

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Larson & Larson

JANUARY 13, 2025

Design Patents: The substantial increase in design patent fees may affect filing decisions, especially for companies with large design portfolios. Continuation Practice: The new fees for later-filed continuations could prompt earlier filing of follow-on applications.

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Patent Trademark Blog

SEPTEMBER 10, 2024

Utility patent infringement is handled by an Amazon program called APEX which stands for Amazon Patent Evaluation Express. In addition, Amazon can resolve design patent infringement cases through design patent neutral evaluations. To report infringement of a utility patent, you will need to request APEX.

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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

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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SpicyIP

FEBRUARY 6, 2025

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. Image from here.

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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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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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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. Apple v Samsung changed perceptions.

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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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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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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. How much to patent an idea? Patenting isn’t cheap. It can feel overwhelming.

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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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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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IP Law 360

APRIL 10, 2024

to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment. A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc.

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43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

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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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The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Second, Pandaloon argues that knowledge of materiality cannot be alleged on information and belief alone and the Complaint contains no facts supporting the conclusory allegation that Pandaloon “made a deliberate decision not to disclose” the prior art.

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Patently-O

JUNE 28, 2022

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. Static Media’s attorneys were upset at this information sharing and petitioned for sanctions.

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

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The IPKat

FEBRUARY 27, 2022

Design patents are hard to get, hard to defend even if you do get them, and hard to recover. These are a few of the claims a recent article from PatentlyO tackled while defending design patents - the US-counterpart for design rights.

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Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

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Larson & Larson

MARCH 26, 2021

Robert Easton, the mastermind behind GPS, obtained a patent for the technology and intellectual property behind his invention in 1974. The Different Types of Patents. There are three main types of patents recognized by the United States Patent and Trademark Office ( USPTO ); Utility Patents, Design Patents, and Plant Patents.

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LexBlog IP

MARCH 8, 2022

The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Ferrari S.p.A.

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Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”).

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Intellectual Property Office Blog

MAY 5, 2021

Once you’ve interacted with the IPO, whether it be applying for a design, calling our information centre or searching for similar trade marks, you’ll be asked to take part in a survey, as shown below. The more information we have about a service or aspect of a service, the higher priority we are able to assign to it.

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