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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JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

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JD Supra Law

NOVEMBER 17, 2023

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change official. By: Womble Bond Dickinson

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Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub). The proposal appears to not affect those already registered to practice.

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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

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JD Supra Law

NOVEMBER 21, 2024

The USPTO has published its final rule setting patent fees that will take effect January 19, 2025.

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JD Supra Law

NOVEMBER 17, 2023

The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. computer screen, monitor, computer display system, mobile phone screen, virtual reality/augmented reality goggles), or a portion thereof, satisfies the article of.

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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.

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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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JD Supra Law

NOVEMBER 20, 2023

Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces.

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Patently-O

JUNE 11, 2024

GM is perhaps as dramatic a change for the design patent arena as Alice was for utility patents. The old Rosen-Durling test made it almost impossible to reject a design patent as obvious except for extreme cases involving either direct copying or extremely broad claims.

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JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

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LexBlog IP

FEBRUARY 4, 2022

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

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IP Watchdog

SEPTEMBER 15, 2023

This week in Other Barks & Bites: the CAFC issues a precedential ruling in a design patent win for Columbia Sportswear; the country’s biggest tech CEOs testify before Congress on the state of artificial intelligence (AI) in the United States; the Federal Trade Commission releases a policy statement charging that brand pharmaceutical companies (..)

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43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. Apple v Samsung changed perceptions.

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IP.com

APRIL 9, 2025

This approach helps ensure your IP resources are focused on high-value innovations, while minimizing costs associated with low-impact patents. Reduce Risk and Cost Through Defensive Publishing Not every idea requires a patentand thats part of a strategic approach.

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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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Patent Trademark Blog

OCTOBER 26, 2022

There a few options to file a confidential US patent application. First, US design patent applications are not published. So a US design patent will be made public if and when it’s granted. Second, US provisional patent applications are not published.

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JD Supra Law

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post, the U.S.

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Patent Trademark Blog

SEPTEMBER 18, 2024

A earlier-filed patent application may be used to reject a subsequently filed application, but only when the earlier application is published. Nonprovisional utility applications are published around 18 months from the priority date. Design patent applications, however, are never published.

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Patent Trademark Blog

OCTOBER 15, 2024

How can you tell the difference between a published application and a granted patent? At the outset, design patent applications are never published. Utility nonprovisional patent applications are typically published unless nonpublication is requested upfront.

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Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

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The IPKat

DECEMBER 5, 2021

Copyright This Kat put a lot of effort to find the perfect gift The Kluwer Copyright Blog published a compilation of analyses regarding the transposition of article 17 of the DSM Directive from Germany, Hungary, Italy and Sweden, as well as their respective issues, as presented as a part of a webinar organized by reCreating Europe project team.

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The IPKat

FEBRUARY 27, 2022

Design patents are hard to get, hard to defend even if you do get them, and hard to recover. These are a few of the claims a recent article from PatentlyO tackled while defending design patents - the US-counterpart for design rights.

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LexBlog IP

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. Therefore, for the time being, it is very important for patent practitioners to be thoughtful when filing partial design patent applications in China.

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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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Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

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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 article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. (Note: I have previously criticized Judge Pacold for providing online SAD Scheme templates that encourage plaintiffs to make factually threadbare filings). Alibaba SAD Scheme Cases Are Always Troubling–Betty’s Best v.

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Technology & Marketing Law Blog

MARCH 8, 2024

Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested. Alibaba SAD Scheme Cases Are Always Troubling–Betty’s Best v.

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Technology & Marketing Law Blog

JANUARY 21, 2024

This is a design patent SAD Scheme case. Patents (whether utility or design) are ill-suited for the SAD Scheme because the AIA Invents Act raised the bar on joinder in ways that conflict with the SAD Scheme. Schedule A Defendants , 1:23-cv-04587 (N.D. This is one of many maddening corner-cuts that plague the N.D.

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The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The process of creating a digital asset with a smart contract is called "minting".

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IPilogue

JANUARY 10, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series. Part 5: The IP Hidden Gems: Trade Secrets and Industrial Designs. As part of the course requirements, students were asked to write a blog on a topic of their choice.

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LexBlog IP

JANUARY 14, 2022

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). Mechanical and business method petitions are second, biopharma petitions third, chemical petitions fourth and finally, design patent petitions last.

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LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent.

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The IPKat

FEBRUARY 6, 2022

The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws. PatentlyO posted on the US Utility Patent Applications Allowance Rate followed by a quick analysis of the results.

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LexBlog IP

MARCH 6, 2023

This post was originally published on Seyfarth’s The Blunt Truth blog. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here.

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