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.

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Design Patent Patent Application Designs Design 52

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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Design Patent Designs Design Patent 98

Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Design Patent Designs Design Patent Application 52

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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Design Patent Designs Design Patent 77

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

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 Designs Design Intellectual Property 101

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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Design Patent Designs Design Patent 52

IP Law 360

MAY 23, 2024

Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

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Design Patent Designs Design Patent 52

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.

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Design Patent Designs Design Patent 121

IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office said on Wednesday that it has created a separate bar for design patent practitioners, meaning those focused on ornamental designs don't have to meet the rigorous engineering and scientific requirements of the standard patent bar.

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Design Patent Designs Design Patent 64

JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.”

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Design Patent Designs Design Patent 52

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 Designs 105

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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Design Patent Designs Design Patent 75

Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. This will be tricky.

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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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IP Tech Blog

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.

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Design Patent Designs Design Patent 57

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

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Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Avoid do-it-yourself trademark filings.

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Patent Trademark Blog

FEBRUARY 26, 2024

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. Let’s look at how you should protect and trademark your clothing lines. How to Trademark Your Clothing Brand Trademarks can be especially tricky to register when it comes to clothing. Be careful here.

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Branding Brands Branding Trademark 52

IP Law 360

JANUARY 5, 2024

Patent and Trademark Office is now accepting applicants for its design patent practitioner bar, opening the door to practitioners with more artistic qualifications to prosecute design patent applications without having to meet the more rigorous standards for utility patent practitioners.

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Design Patent Designs Design Patent 45

LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Is a functional product disqualified from design patent protection?

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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Design Patent Designs Design Patent 52

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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Design Patent Designs Design Patent 52

Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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Design Patent Designs Design Patent 52

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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Design Patent Designs Design Patent 52

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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Design Patent Designs Design Patent 60

Patent Trademark Blog

MAY 26, 2023

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? Is there still a way to get IP if you’re too late to patent your products? Answers vary. There was no backup plan.

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LexBlog IP

AUGUST 22, 2022

In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.

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Design Patent Designs Design Patent 52

Patent Trademark Blog

MAY 16, 2024

Can you patent a consumer product? Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? Ready to patent your consumer product? Ready to patent your consumer product? Aren’t patents too expensive to enforce?

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IP Law 360

MAY 20, 2024

A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.

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Design Patent Patent Designs Design 105

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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Design Patent Designs Design Patent Application 40

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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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

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Design Patent Designs Design Patent Application 40

IP Law 360

FEBRUARY 1, 2023

The Justice Department's Antitrust Division, a technology industry group and others have thrown their support behind a proposal to create a separate design patent bar at the U.S. Patent and Trademark Office, while two key intellectual property groups have pushed back on the idea.

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Design Patent Designs Design Intellectual Property 40

LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. which each address the issue of determining the article of manufacture, but for different stages of the patent process. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v.

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