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 81

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 53

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 52

Design Patent Designs Design Patent 52

Patently-O

DECEMBER 6, 2022

In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. First, the court must identify a primary reference—“a something in existence, the design characteristics of which are basically the same as the claimed design.”

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Designs Design Design Patent Art 56

Patently-O

JUNE 2, 2024

For now, I’d like to focus on one: What counts as a proper primary reference under LKQ ? While the Federal Circuit overruled the Rosen requirement that a primary reference look “basically the same” as the claimed design, the court did not overrule the requirement that there be a primary reference. 2d 207 at 208.

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Art Designs Design Design Patent 45

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. 21, 2024) (question paraphrased).

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Design Patent Art Designs Design 69

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.

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Design Patent Patent Application Designs Design 52

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. GM Global Tech.

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Design Patent Designs Design Patent 52

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. What’s more common than the written word?

Design Patent 52

Design Patent Designs Design Patent 52

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.

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Patent Application Invention Graphic Design Design Patent 98

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. Durling , 101 F.3d 3d at 103 (quoting Rosen , 673 F.2d 2d at 391). Durling , 101 F.3d

Design Patent 52

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.

Design Patent 52

Design Patent Designs Design Patent Law 52

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 52

Design Patent Designs Design Patent 52

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

MAY 10, 2023

Design or utility patent protection? At the outset, recognize that we are talking about utility patent protection as opposed to a design patent. There is no need to file a PPA if you want to apply for a design patent. Remember, you are not claiming your invention in a provisional. Absolutely.

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Patent Application Patent Invention Design Patent 97

Patent Trademark Blog

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? When do you need to patent an idea? Patent deadlines are critical. Apply for design or utility patent? How much to patent an idea?

Patent Application 98

Patent Application Patent Designs Design 98

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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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. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. White , 81 U.S.

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Inventor Art Designs Design 78

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.

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Design Patent Designs Design Patent 78

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).

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Patent Law Law Inventor Patent 96

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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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.

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Intellectual Property IP Patent Application Invention 98

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. A utility patent applies to a broad range of inventions.

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The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

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Intellectual Property Invention Government Patent 78

Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. 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. This involves a compromise.

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Patent Application Patent Design Patent Art 52

LexBlog IP

AUGUST 19, 2021

Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Design Patent No. D405,622, referred to as “Linz” after its inventor Arthur W. In Campbell Soup Company v.

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Designs Design Inventor Design Patent 52

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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Designs Design Design Patent Branding 59

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 98

Patent Application Patent Art Blogging 98

43(B)log

JANUARY 27, 2023

8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Stiles alleged that it sold knockoff razors instead, infringing her patents, violating trademark and antitrust law, and interfering with her economic interests. The remaining design patent claims also failed.

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False Advertising Design Patent Designs Design 59

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 115

Patent Trademark Blog

MARCH 6, 2024

However, you will need to disclose to the USPTO any relevant prior art references found in your search. Design or utility patent? In most cases, you will want to get utility patents to protect the unique functional features of your medical device. Explore filing design patent applications on such visual features.

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Patent Application Patent Art Design Patent 52

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. A search may take a day or up to a week.

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Patent Application Patent Invention Patent Prosecution 52

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.” The Constitution never sanctioned the patenting of gadgets.

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Patently-O

JUNE 12, 2024

by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. GM, but the court has not issued an en banc decision in a utility patent case since 2018. However, the resulting unclean hands penalty was to dismiss the entire case, including the design patent and trade dress claims.

Art 53

Art Litigation Design Patent Patent 53

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v.

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IP Copyright Trademark Intellectual Property 124

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.

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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.

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Patent Application Design Patent Invention Copying 40