Design Patent, Invention, Patent Application and Reference

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.

Design Patent

Design Patent Designs Design Patent

USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

Design Patent

Design Patent Designs Design Art

Obviousness Test for Design Patents Unchanged

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent

Design Patent Designs Design Patent

How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent

Design Patent Designs Design Patent Application

Obviousness Test for Design Patents Unchanged

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent

Design Patent Designs Design Patent

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

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., 3d 1334 (Fed.

Design Patent

Design Patent Designs Design Patent Law

What is subject matter eligibility?

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

Patent Application

Patent Application Invention Graphic Design Design Patent

How to Patent a Medical Device

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Design or utility patent?

Patent Application

Patent Application Patent Art Design Patent

What happens if your patent is rejected?

Patent Trademark Blog

APRIL 14, 2022

A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

Patent Application

Patent Application Patent Design Patent Art

How To File A US Utility Nonprovisional Patent

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

Patent Application

Patent Application Patent Art Blogging

Intellectual Property Protection: How to protect IP

Patent Trademark Blog

MARCH 24, 2022

For a limited duration, a patent owner has the power to exclude others from copying or using the patented invention. But, how do you convert an idea in your mind into an actual patent? This brings us to an important principle about patents. If you do not apply, you will not get any patent rights.

Intellectual Property

Intellectual Property IP Patent Application Invention

Written Description as a Subset of Novelty and Nonobviousness

Patently-O

OCTOBER 7, 2022

The examiner found some great prior art from 2013, which predates this particular design application filing date. But, the design patent also claimed priority to Zahner’s prior utility patent application (Serial No. 09/617,402) that predates the reference. Close-up of the Design Patent drawing.

Design Patent

Design Patent Designs Design Patent

How long does it take to get a patent in 2021? And what about COVID-19?

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

Patent Application

Patent Application Patent Invention Patent Prosecution

Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. Raytheon Techs. 3d 1374 (2021).

Patent Law

Patent Law Law Inventor Patent

What are the intellectual property rights for startups?

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. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

How To Patent An Idea: What You Need To Know About the Patent Application Process

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. When do you need to patent an idea? Patent deadlines are critical.

Patent Application

Patent Application Patent Designs Design

Priority for Foreign Filing of Design Patent Applications

LexBlog IP

FEBRUARY 23, 2022

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design.

Design Patent

Design Patent Patent Application Designs Design

Provisional Patent Application: How to Write a PPA

Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective. Absolutely.

Patent Application

Patent Application Patent Invention Design Patent

The Scope of Comparison Prior Art in Design Patent Infringement

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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

Design Patent

Design Patent Art Designs Design

Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

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.

Design Patent

Design Patent Designs Design Patent

How To File Color Drawings Electronically Via EFS-Web

Patentably Defined

JANUARY 19, 2011

Generally, when drawings for utility patent applications are required, they must be black and white line drawings. Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even then an applicant must petition the USPTO to accept them. The Rules for Drawings.

Patent Application

Patent Application Design Patent Invention Copying

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology

Technology Patent IP Invention

SpicyIP Weekly Review (November 8-November 15)

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark

Trademark Patent Copyright Designs

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. Controller of Patents & Designs Patent Office Mumbai. Latika Dawara, Asst.

IP

IP Copyright Trademark Intellectual Property

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In recent years, there have been a number of high-profile litigations in the United States involving patents directed to each of the above-referenced components, including patent litigations related to cathodes, 13 anodes, 14 separators, 15 electrolytes, 16 battery cell packaging, 17 and battery module packaging.

Intellectual Property

Intellectual Property Technology Journalism IP

Intellectual Property Pulse

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Trending Sources

Obviousness Test for Design Patents Unchanged

How To File A US Design Patent Based On Foreign Priority

Obviousness Test for Design Patents Unchanged

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

What is subject matter eligibility?

How to Patent a Medical Device

What happens if your patent is rejected?

How To File A US Utility Nonprovisional Patent

Intellectual Property Protection: How to protect IP

Written Description as a Subset of Novelty and Nonobviousness

How long does it take to get a patent in 2021? And what about COVID-19?

Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

What are the intellectual property rights for startups?

How To Patent An Idea: What You Need To Know About the Patent Application Process

Priority for Foreign Filing of Design Patent Applications

Provisional Patent Application: How to Write a PPA

The Scope of Comparison Prior Art in Design Patent Infringement

Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

How To File Color Drawings Electronically Via EFS-Web

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

SpicyIP Weekly Review (November 8-November 15)

A Look Back at India’s Top IP Developments of 2023

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

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