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Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of designpatentlaw. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs. By: Bennett Jones LLP
In our new paper, The Truth About DesignPatents , we debunk three widely held—but incorrect—views about U.S. designpatents. Taken together, these myths paint a grim picture of designpatents: Half of all designpatent applications are rejected. Acquiring DesignPatents.
by Dennis Crouch The USPTO is officially establishing a separate designpatent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and designpatent matters.
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of designpatents. Rejecting the argument that KSR did not implicate designpatent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.
GM Global Technology Operations LLC, overturning the long-standing obviousness test for designpatents. On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. By: Wolf, Greenfield & Sacks, P.C.
Designpatents and utility patents are two different things. Designpatents 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. Telflex, Inc.,
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for designpatent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.
GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding designpatentlaw, particularly with respect to the Rosen-Durling test for designpatent obviousness. By: ArentFox Schiff
by Dennis Crouch Designpatents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patentlaw decisions are typically written. The case itself involves designpatents covering GM parts, such as front fenders. Teleflex Inc.,
2022) raises a number of important designpatentlaw 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.
This post will focus on another key issue from the case – the relevance of logos in designpatent 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.
In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a designpatent is considered obvious in view of prior art.
What is the meaning of broken or dashed lines in a designpatent? While I’m not sure if you can call it a loophole, US designpatents enable a particular option in the drawings that can potentially broaden protection. In a US designpatent, the claimed design comprises what is drawn in solid lines.
Sources say updates to the Chinese PatentLaw regarding designpatents are likely to bring in a wave of new filings, and a surge in litigation along with it
According to Article 27 of the Chinese PatentLaw, 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
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for designpatent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct.
GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of designpatents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens. The Federal Circuit's recent en banc decision in LKQ v.
As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the designpatent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “designpatent doctrinal exceptionalism.”
A designpatent 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. The design must be a design for a specific article; it cannot exist independently of the article.
Utility patents are for functional inventions. Designpatents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of designpatents is to protect the outside of common consumer products. Why would a company want to design a unique typeface?
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 designpatentlaw. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.
Article 27(2) of the Chinese PatentLaw provides that the relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. The brief description may be used to explain the design of the product as shown in the.
According to the PatentLaw, ‘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.
Patent Practice: Creation of a DesignPatent 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 designpatentlaw.
Designpatents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, designpatents are not subject to attacks under 35 U.S.C. § ” [6].
Designpatents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, designpatents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]
As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese PatentLaw came into effect, allowing partial claiming in designpatent applications. By: Quarles & Brady LLP
At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a designpatent.
Kilpatrick Townsend Partners Babak Kusha and Justin Eurek recently presented “Must-Knows in DesignPatents for Patent Professionals and In-House Counsel” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).
What is a designpatent continuation application? US patentlaw allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and designpatent applications. Be careful though.
On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.
In May, the Federal Circuit eliminated the long-standing test for designpatent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the designpatent obviousness analysis, grounded in the Graham factors.1 1 This is a big change in designpatentlaw.
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 DesignPatent. Design and Utility Patents. Utility patent examination in the U.S. Form versus Function.
Over the course of 2024, the patentlaw landscape has continued to evolve as significant court rulings and emerging technologies shaped its direction. By: Irwin IP LLP
Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patentlaw further divides patents into three different types: utility, design, and plant patents. Utility patents. Designpatents.
As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese PatentLaw came into effect, allowing partial claiming in designpatent applications. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?
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 patentlaw and patent theory. See [link].
by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running designpatent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. DesignPatent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,
This PatentLaw case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two designpatents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patentlaw including designpatent obviousness, expert testimony admissions and patent term adjustments all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.
But, in case you want to try making one, these inventors have designed a pie plate to help make it easier. One such patent is a designpatent for an artificial Christmas tree. designpatent no. But, designpatents can be very valuable if the specific design is likely to be copied.
On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] Kara also supports the prosecution of Chinese design applications.
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