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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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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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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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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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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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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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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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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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 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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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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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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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

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

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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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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Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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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]. 1] 35 U.S.C. § § 289. [2]

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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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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

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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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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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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Patently-O

AUGUST 7, 2021

Andrew Godsey (Global Technology Transfer Group) and Clarke Nelson (InFact Experts LLC): Comprehensive Overview of Modern Patent Valuation. Margaret Polson (Polson Intellectual Property Law PC): Overview of Design Patents for Software-Related Inventions.

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The IP Law Blog

DECEMBER 8, 2022

There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.

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More Than Your Mark

AUGUST 13, 2021

Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent examination in the U.S. Form versus Function.

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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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TraskBritt Intellectual Property

MAY 18, 2021

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Design patents. Plant Patents.

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LexBlog IP

OCTOBER 4, 2022

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Design Patents. Design Patent No. Design Patent No. Design Patent No.

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IP Tech Blog

FEBRUARY 9, 2022

China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.

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IP Law 360

JANUARY 18, 2024

The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.

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LexBlog IP

JUNE 29, 2023

I am a co-author of this paper with my fellow AIPLA committee colleagues, who each provided perspectives on AR/VR as it relates to the Metaverse and in view of current utility and design patent law. The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.

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