JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

Design Patent 105

Design Patent Art Design Designs 105

JD Supra Law

DECEMBER 4, 2024

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners

Patent Application 70

Patent Application Design Designs Design Patent 70

JD Supra Law

APRIL 29, 2022

Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”. “The more you know, the less you need.” ?

Design Patent 98

Design Patent Design Designs Patent 98

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.

Design Patent 98

Design Patent Design Designs Patent 98

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

Design Patent 62

Design Patent Design Designs Patent Application 62

JD Supra Law

JUNE 20, 2024

Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

Design Patent 68

Design Patent Design Designs Patent 68

JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

Design Patent 68

Design Patent Design Designs Patent Application 68

JD Supra Law

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool.

Design Patent 52

Design Patent Patent Application Design Designs 52

JD Supra Law

DECEMBER 15, 2023

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.

Design Patent 70

Design Patent Design Designs Patent Application 70

JD Supra Law

MARCH 21, 2023

The Patent Law of the People’s Republic of China (hereinafter referred to as the Chinese Patent Law), which came into force on June 1, 2021, has made some amendments to the sections concerning design patents, including the introduction of the partial design system and the national priority of design, and the extension of the duration of the design (..)

Design Patent 52

Design Patent Design Designs Patent Application 52

IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

Design Patent 105

Design Patent Design Designs Music 105

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.

Design Patent 60

Design Patent Design Designs Patent 60

JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

Design Patent 75

Design Patent Design Designs Branding 75

Patently-O

JANUARY 13, 2023

By Sarah Burstein , Professor of Law at Suffolk University Law School. Prior Patently-O coverage of this appeal is available here.) The Locarno classification system is not perfect for this use but it may provide a second-best solution if judicial common law development proves unworkable. The asserted design patent, U.S.

Design Patent 75

Design Patent Design Designs Patent 75

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. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. 3d 1334 (Fed.

Design Patent 52

Design Patent Design Designs Patent Law 52

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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet. .’

Design Patent 81

Design Patent Art Design Designs 81

JD Supra Law

JANUARY 6, 2025

The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications. By: Womble Bond Dickinson

Design Patent 62

Design Patent Design Designs Patent 62

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.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

DECEMBER 7, 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.

Design Patent 65

Design Patent Design Designs Patent 65

IP Law 360

MAY 29, 2024

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

Design Patent 52

Design Patent Design Designs Patent 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

IP Law 360

JUNE 26, 2024

Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.

Design Patent 52

Design Patent Design Designs Intellectual Property 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

Design Patent 57

Design Patent Design Designs Patent 57

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

Patent Trademark Blog

JANUARY 18, 2023

What makes software hard to patent? The laws and regulations surrounding software patents continue to develop. I’ve written about the hurdles that software inventions must overcome in order to be patent eligible. Besides software patents, ineligible subject matter can also arise in design patent applications.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6]. ” [6]. ” [6].

Design Patent 52

Design Patent Art Design Designs 52

IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

Design Patent 52

Design Patent Art Design Designs 52

JD Supra Law

JUNE 28, 2022

the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. In Junker v. Medical Components, Inc.,

Invention 98

Invention Design Patent Contracts Patent Application 98

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.

Design Patent 40

Design Patent Design Designs Patent Application 40

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

Design Patent 52

Design Patent Design Designs Patent 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.

Design Patent 45

Design Patent Design Designs Patent 45

JD Supra Law

NOVEMBER 21, 2023

As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications.

Design 65

Design Designs Design Patent Intellectual Property 65

SpicyIP

JUNE 17, 2023

Anshuman is a third year law student at National Law University, Odisha. He shares a keen interest in Patent related issues and wishes to discover more in the field of IP. Over the course of this post I will write out my observations as a law student, on the proceedings of the three sessions that I attended virtually.

Law 105

Law Design Designs Reporting 105

Patent Trademark Blog

JANUARY 12, 2023

As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled.

Patent 98

Patent Patent Application Registration IP 98

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. Guest post by Camilla A.

Patent Law 96

Patent Law Law Inventor Patent 96

Patently-O

NOVEMBER 21, 2021

Mennell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law, and Ella Corren, University of California at Berkeley School of Law, J.S.D.

Design 75

Design Designs Copyright Design Patent 75

JD Supra Law

OCTOBER 24, 2024

While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. months (Figure 1, below).

Design Patent 62

Design Patent Designs Design Patent Application 62