JD Supra Law

SEPTEMBER 20, 2023

GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. By: ArentFox Schiff

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JD Supra Law

MARCH 20, 2025

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, theRosen-Durlingtest was used to assess obviousness of design patents. By: Womble Bond Dickinson

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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.

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Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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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. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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JD Supra Law

JUNE 7, 2024

In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art.

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IP Law 360

JUNE 28, 2024

GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens. The Federal Circuit's recent en banc decision in LKQ v.

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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.

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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case itself involves design patents covering GM parts, such as front fenders. Teleflex Inc.,

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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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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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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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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

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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 (..)

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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

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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Patently-O

JULY 6, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School LKQ Corp. As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Design patents cover different things (ornamental designs as opposed to useful inventions).

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LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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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.

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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

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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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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].

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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]

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JD Supra Law

AUGUST 22, 2022

Kilpatrick Townsend Partners Babak Kusha and Justin Eurek recently presented “Must-Knows in Design Patents for Patent Professionals and In-House Counsel” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

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JD Supra Law

JANUARY 23, 2025

The landscape of design protection has seen significant developments on both sides of the Atlantic, with the U.S. undergoing a pivotal shift in design patent law following the Federal Circuits decision in LKQ Corporation v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. May 21, 2024). By: Volpe Koenig

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IAM Magazine

NOVEMBER 2, 2022

According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application.

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JD Supra Law

AUGUST 2, 2024

In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 1 This is a big change in design patent law.

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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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JD Supra Law

FEBRUARY 6, 2025

Over the course of 2024, the patent law landscape has continued to evolve as significant court rulings and emerging technologies shaped its direction. By: Irwin IP LLP

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Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Managed by The Department of Intellectual Property (DIP) under the Ministry of Commerce it supports a global practice of IP laws. Designs: Any configuration, composition of lines or any special appearance used on a product Petty Patent: An invention that is new and capable of industrial application, as per Thai Patent law.

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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.

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JD Supra Law

MARCH 4, 2024

This Patent Law case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two design patents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC

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Patently-O

AUGUST 7, 2021

By David Hricik, Mercer Law School. Mike Bohn (VLP Law Group LLP): Surviving, Pivoting, and Thriving in the Changing Global IP Marketplace. Dan Tanner (Tanner IP PLLC): The Ethics of Educating Clients about Patent Vulnerabilities – a Litigator’s Perspective.

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IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law. Patent Law. For further information, please contact the author.

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IP Law 360

JANUARY 21, 2025

In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law including design patent obviousness, expert testimony admissions and patent term adjustments all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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JD Supra Law

AUGUST 17, 2022

China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA (..)

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