Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. By better, we mean a patent that provides broader rights. How do you make a design patent broader?

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Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. They are part of a complete IP package you should consider to build a moat around your product. 35 USC 171 sets forth the requirements for getting a design patent. What is an original design?

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IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail.

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JD Supra Law

MARCH 25, 2022

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy. By: Erise IP

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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.

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IP Watchdog

JULY 18, 2023

The concerns voiced by witnesses and congress members today centered around harm and cost to consumers as a result of technological protection measures (TPMs) and increased use of IP tools such as design patents to thwart competition for after-market parts.

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JD Supra Law

FEBRUARY 28, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”

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JD Supra Law

FEBRUARY 28, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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JD Supra Law

MARCH 27, 2025

Protecting your intellectual property requires a strategic, multi-faceted approachare you making the most of your IP assets? Join us for a webinar, where we will cover key considerations for trade secrets, design patents, and trademarks, including best practices, common pitfalls, and unique opportunities.

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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. 2d 388 (1982).

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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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IP Close Up

FEBRUARY 22, 2023

Once an afterthought for IP rights filers, U.S. design patents are now being taken more seriously. Several businesses that are based outside of the U.S. increased Continue reading

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IP Law 360

NOVEMBER 22, 2024

Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of design patents.

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IP Law 360

JUNE 3, 2024

The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.

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IP Law 360

MAY 21, 2024

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

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IP Close Up

DECEMBER 3, 2024

In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading

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IP Law 360

NOVEMBER 19, 2024

Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.

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Design Patent Designs Design Intellectual Property Law 98

IP Law 360

APRIL 7, 2023

Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining design patents are invalid as obvious, arguing the court is treating design patents more like trademarks than utility patents, thus making invalidations nearly impossible.

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IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

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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! By: Irwin IP LLP The District of Delaware (“the court”) recently held that Apple Inc.’s

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SpicyIP

OCTOBER 17, 2024

Recently, the Calcutta HC also notified its IPR Division Rules ( here ) and a new roster ( here ) that created specialised benches for IP matters. Readers can see our posts ( here , here and here ) for the Delhi HC IPD Rules.

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Intellectual Property IP Government Trademark 101

Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).”

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Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published?

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IP Law 360

MAY 15, 2023

Patent and Trademark Office has begun laying the groundwork for a separate design patent bar that it floated by the public last year, issuing an advance notice of proposed rulemaking Monday.

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Olartemoure Blog

MAY 7, 2024

How can I protect designs with patents? Design patents or Industrial Designs offer protection for novel designs, providing exclusive rights to the features of the visual qualities of the product or packaging. By securing this patent, you prevent competitors from replicating your packaging and product.

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IP Intellectual Property Design Patent Design 105

IP Law 360

AUGUST 28, 2023

The blanket-like sweatshirt company that grew out of a "Shark Tank" pitch has lost two of its design patents in Arizona federal court after accusing a rival of infringement and then losing a priority date ruling that turned its own "Comfy" sweatshirts into patent-invalidating prior art.

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IP Watchdog

MARCH 17, 2022

It was another heavy week in the district court with over 100 new patent complaints filed, 64 terminated (mostly file-and-settle), and an average 26 Patent Trial and Appeal Board (PTAB) cases (one post grant review and 25 inter partes reviews).

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JD Supra Law

OCTOBER 18, 2022

Background - Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. Companies are smart to leverage GUIs. It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service.

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IP Law 360

JUNE 22, 2022

The Federal Circuit on Wednesday upheld a lower court's decision invalidating a retailer's design patent on reusable and foldable shopping bags, agreeing that the disputed invention is obvious and functional.

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Design Patent Designs Design Patent 74

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. Whilst you are busy planning the perfect gift, intellectual property (IP) is quietly playing cupid behind the scenes. Love, innovation, and creativity have always gone hand in hand.

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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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IP Law 360

AUGUST 29, 2023

Patent and Trademark Office, Taiwanese auto parts makers and major insurance trade groups are among those that have weighed in at the Federal Circuit on a legal campaign coming from a rival of General Motors that aims to change how courts make decisions about design patents. Lawyers for the U.S.

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JD Supra Law

MAY 9, 2024

GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co.

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Design Patent Designs Design Patent 62

JD Supra Law

MAY 8, 2024

GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. collectively, “LKQ”) in several design patent validity disputes, including this case against GM Global Technology Operations and by extension General Motors Co.

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IP Law 360

AUGUST 15, 2023

An auto parts maker fighting with General Motors has laid out its case before the full Federal Circuit to discard rules the court adopted that set a high bar for invalidating design patents, in what is poised to become the appeals court's first en banc review of a patent case since 2018.

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