IP Law 360

SEPTEMBER 26, 2023

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

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JD Supra Law

OCTOBER 23, 2024

7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! The District of Delaware (“the court”) recently held that Apple Inc.’s

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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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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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Olartemoure Blog

AUGUST 4, 2023

Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun.

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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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LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. Design patent filings in the U.S.

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Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent?

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Larson & Larson

JANUARY 10, 2021

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. There are 3 types of patents that inventors should know: utility, design, and plant patents. Utility Patent. Design Patent.

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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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Intellectual Property Office Blog

FEBRUARY 14, 2025

From patented heart-shaped jewellery to chocolate brands protected with trade marks, romance has long inspired inventors and creators across the UK. Love, innovation, and creativity have always gone hand in hand. Whilst you are busy planning the perfect gift, intellectual property (IP) is quietly playing cupid behind the scenes.

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JD Supra Law

JULY 14, 2022

Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention if it has been for sale for over one year prior to the patent filing. A medical device patentee has asked the U.S. On July 6, 2022, in Junker v.

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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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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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Olartemoure Blog

FEBRUARY 14, 2024

Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love. METHOD OF MAKING A HEART-SHAPED DIAMOND US6434805B2 Inventor: Ami Haimoff Assignee: L I D Ltd Date of Patent: Aug. HEART SHAPED PEPPERONI SLICE USD491338S1 Inventor: II William C.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. 1–4, illustrated below.

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Larson & Larson

MARCH 23, 2023

Fortunately, there is an increasingly popular alternative: the Design Patent Rocket Docket. This docket can dramatically reduce the time it takes to process a design patent application, making it easier for inventors to protect their valuable intellectual property. appeared first on Larson & Larson, P.A.

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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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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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

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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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The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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IP Law 360

FEBRUARY 10, 2022

The Federal Circuit wiped out inventor Larry Junker's $1.25 million win against two medical device companies, finding Thursday that his patented catheter insertion design was unenforceable because it was offered for sale more than a year before he applied for the design patent.

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IP.com

APRIL 9, 2025

Smaller businesses and individual inventors may benefit from new fee discounts under the Unleashing American Innovators Act , which could help offset some of these costs. Patent Prosecution Efficiency Rising fees for excess claims, RCEs, and IDS filings necessitate a leaner, more efficient approach to patent prosecution.

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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. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. D810,925 (“breast pump”).

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The IP Law Blog

DECEMBER 21, 2023

Every year, I write about patents that have to do with Christmas. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. Here are a few I have found, some of which were issued in 2023 and others of which are older.

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The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” First, Pandaloon argues that the Complaint fails to allege that the inventor or her attorney were aware of either the prior art costumes during prosecution, that either believed that the references were material, and that either intentionally withheld them.

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Larson & Larson

MARCH 26, 2021

Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. The Different Types of Patents. Utility Patents.

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Patent Trademark Blog

SEPTEMBER 18, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can expedite your US patent application. First-To-File vs. First-To-Invent I’m old enough to remember when the USPTO would grant a patent to an inventor who could show they were first to invent even though someone else applied earlier.

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Patent Trademark Blog

OCTOBER 26, 2022

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. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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LexBlog IP

JUNE 6, 2022

Among the thousands of people who contributed to its success was inventor Andrew Higgins. Higgins was a boat builder and his low draft boat hull design, patented in 1939, (U.S. Higgins later design for a landing craft with a deployable ramp (U.S. Posted in Patent of the Day.

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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.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

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SpicyIP

SEPTEMBER 6, 2021

A US court in Alexandria, Virginia has ruled that a computer using artificial intelligence cannot be recognized as an ‘inventor’ under US law, because only an individual can be an inventor. News from around the World.

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IP Tech Blog

FEBRUARY 9, 2022

China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.

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Patently-O

AUGUST 12, 2021

Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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