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Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. Strategic use of designpatents can be an important part of an overall patent strategy. Strategic use of designpatents can be an important part of an overall patent strategy.
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.
WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its designpatent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. designpatent system. by Dennis Crouch.
Evo’s designpatent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Designpatents focus on ornamentality rather than utility. by Dennis Crouch.
This is an important designpatent decision that substantially narrows the scope of prior art available for anticipation rejections in designpatent cases. The result is that it should become easier to obtain designpatent protection. In re Surgisil, LLP , — 4th — ( Fed.
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.
Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a designpatent practitioner bar. A request for comments (RFC) was also published in October 22.
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.
Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of designpatent law. 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
GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of designpatents.
Companies associated with William Grecia have filed over a dozen cases alleging infringement of designpatents for “animated graphical user interfaces.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”
Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for DesignPatent Validity - How the Federal Circuit Has Rewritten DesignPatent Obviousness Law.” designpatents.
What makes a designpatent better? Designpatents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. By better, we mean a patent that provides broader rights. How do you make a designpatent broader?
This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. May 21, 2024) and its implications for designpatents. The panel will discuss the new test for obviousness and what hurdles it will present for designpatents. GM Global Technology Operations L.L.C. By: Strafford
Are there any requirements for getting a designpatent? Designpatents can be quite powerful. Even though designpatents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a designpatent.
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 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. 35 USC section 171. By: Weintraub Tobin
GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s designpatent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”
Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of designpatents.
The Federal Circuit's decision discarding long-standing tests for proving that a designpatent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more designpatent applications being turned down.
On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of designpatents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. Teleflex Inc. LKQ Corporation et al.
In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving designpatents. However, it did issue three decisions granting review of challenged designpatents and three decisions denying review of challenged designpatents, maintaining 2021’s designpatent institution rate of 50%.
The full Federal Circuit on Tuesday overruled long-standing tests for proving that designpatents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.
What is the filing deadline for a US designpatent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US designpatent application must be filed within six months of your foreign priority date.
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. What’s more common than the written word?
Patent and Trademark Office allow designpatents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.
Until now, case law has defined an “article of manufacture” solely for purposes of damages in designpatent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.
The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate designpatent bar. The proposed changes would effectively expand the admission criteria for those who practice in designpatent cases before the USPTO. By: Morgan Lewis
designpatents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on designpatents issued by the Federal Circuit both involved appeals that originated at the Patent Office), all three precedential opinions in 2022 involved appeals that originated from district courts.
Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of designpatent applications related to computer-generated electronic images.
Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining designpatents are invalid as obvious, arguing the court is treating designpatents more like trademarks than utility patents, thus making invalidations nearly impossible.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several designpatents, interest in designpatents grew exponentially.
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 designpatent applications to only analogous fields may make it easier for applicants to obtain designpatents and more difficult for challengers to invalidate them.
Designpatents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy. By: Erise IP
In recent years designpatents have come to have a more vital role in the intellectual property landscape. Designpatents protect the ornamental aspects of Continue reading
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several designpatents, interest in designpatents grew exponentially.
Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a designpatent 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.” ?
Earlier this month, ten of the world’s largest companies were accused of infringing designpatents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI designpatents. By: Quarles & Brady LLP
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 continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued designpatents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. By: Quarles & Brady LLP
GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding designpatent law, particularly with respect to the Rosen-Durling test for designpatent obviousness. By: ArentFox Schiff
The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate designpatent practitioner bar. Designpatent practitioners would only be able to participate in designpatent proceedings.
The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same designpatent, U.S. Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. By: Quarles & Brady LLP
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