IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

Design Patent 122

Design Patent Publishing Design Designs 122

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system.

Design Patent 144

Design Patent Design Designs Patent 144

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

Design Patent 52

Design Patent Design Designs Intellectual Property 52

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?

Design Patent 98

Design Patent Design Designs Patent 98

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?

Design Patent 52

Design Patent Design Designs Patent Application 52

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.

Design Patent 98

Design Patent Design Designs Patent 98

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.

Design Patent 98

Design Patent Design Designs Intellectual Property 98

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?

Design Patent 98

Design Patent Design Designs Patent 98

Patent Trademark Blog

OCTOBER 31, 2024

What is the cost of fighting an Amazon seller patent case? The cost of an Amazon patent evaluation can range from a few thousand dollars to tens of thousands. Patent litigation in federal court can range from hundreds of thousands to millions. Need an Amazon contingency patent attorney who will charge fees based on results?

Design Patent 52

Design Patent Designs Design Patent 52

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.

Design Patent 52

Design Patent Design Designs Patent 52

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.

Design Patent 81

Design Patent Design Designs Patent 81

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.

Design Patent 105

Design Patent Design Designs Patent 105

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.

Design Patent 98

Design Patent Design Designs Patent 98

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 98

Design Patent Design Designs Patent Application 98

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.

Design Patent 98

Design Patent Design Designs Patent 98

Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

Design Patent 52

Design Patent Design Designs Patent Application 52

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).

Design Patent 98

Design Patent Design Designs Patent 98

Patent Trademark Blog

SEPTEMBER 10, 2024

What are your options when Amazon ASIN listings infringe your patent? Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN? So, how do you use your patent effectively to block an infringing Amazon ASIN?

Design Patent 52

Design Patent Patent Infringement Design Designs 52

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.

Design Patent 52

Design Patent Design Designs Patent 52

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.

Design Patent 52

Design Patent Patent Application Design Designs 52

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

Design Patent 52

Design Patent Design Designs Trademark 52

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.

Design Patent 59

Design Patent Design Designs Patent 59

JD Supra Law

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. By: Irwin IP LLP Fiskars Finland OY AB and Fiskars Brands Inc. collectively, “Fiskars”) sued Woodland Tools Inc.

Design Patent 63

Design Patent Patent Infringement False Advertising Design 63

IP Watchdog

JUNE 23, 2022

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness.

Design Patent 122

Design Patent Design Designs Patent 122

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.”

Design Patent 119

Design Patent Design Designs Patent 119

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.

Design Patent 98

Design Patent Design Designs Patent 98

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.

Design Patent 78

Design Patent Design Designs Patent 78

IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

Design Patent 59

Design Patent Design Designs Intellectual Property 59

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

Design Patent 86

Design Patent Design Designs Business 86

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?

Design Patent 52

Design Patent Design Designs Patent 52

IP Law 360

MAY 20, 2024

Supreme Court on Monday refused to review a Federal Circuit ruling that revived Columbia Sportswear's design patent suit against Seirus Innovative Accessories Inc., which Seirus said created an "illogical, unworkable test" for design patent cases.

Design Patent 59

Design Patent Design Designs Patent 59

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

Design Patent 101

Design Patent Design Designs Intellectual Property 101

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.

Design Patent 61

Design Patent Design Designs Patent 61

IP Law 360

SEPTEMBER 3, 2024

s design patent and that McCain Foods' own fry design patent was invalid, but also found that J.R. After a seven-day trial in Idaho federal court, a jury found that McCain Foods USA Inc. willfully infringed its frozen french fry rival J.R. Simplot Co.'s Simplot should not collect any damages from the infringement.

Design Patent 52

Design Patent Design Designs Patent 52

IP Law 360

JULY 15, 2024

are looking to come to a deal to settle a legal dispute over GM's design patent covering fenders at the Patent Trial and Appeal Board. and General Motors Co.

Design Patent 59

Design Patent Design Designs Patent 59

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.

Design Patent 61

Design Patent Design Designs Patent 61

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.

Design Patent 75

Design Patent Design Designs Inventor 75