Noteworthy Matters on Partial Design Patent Application
JD Supra Law
MARCH 21, 2023
Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners
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Navigating Partial Design Rejections in China
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. By: Quarles & Brady LLP
Design 
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Patent Law Primer: A Newsletter Series on Key Patent Law Topics
Patently-O
APRIL 26, 2023
I am happy to announce the launch of my newsletter series, “ Patent Law Primer: A Short Introduction to Key Issues in Patent Law ,” currently distributed through LinkedIn. This series is designed for a broader audience, making it accessible for anyone interested in the subject, not just patent attorneys.
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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)
The IPKat
JULY 11, 2022
The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.
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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
JD Supra Law
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. 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.
Defending Design Patents
Patently-O
FEBRUARY 23, 2022
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.
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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test
SpicyIP
NOVEMBER 9, 2024
Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself.
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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
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. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 3d 1334 (Fed.
Ulm University v. Asst. Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office
SpicyIP
JULY 18, 2024
Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. The above patent application was filed in 2011.
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CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition
IPilogue
SEPTEMBER 15, 2022
2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
Patently-O
MAY 21, 2024
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.
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Patent Law Exam 2023: Are you Smarter than a Law Student?
Patently-O
JANUARY 3, 2024
by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.
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Navigating Partial Design Rejections in China
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. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?
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CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition
IPilogue
OCTOBER 12, 2021
We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .
Types of Patent Applications
Biswajit Sarkar Copyright Blog
DECEMBER 10, 2022
For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.
Obviousness Test for Design Patents Unchanged
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. Telflex, Inc.,
The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law
Patently-O
MAY 15, 2024
Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.
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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources
The IPKat
JULY 22, 2022
On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.
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REMINDER: Tryouts for the USPTO National Patent Application Drafting Competition Team – DEADLINE TOMORROW
IPilogue
OCTOBER 21, 2021
This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.
New Developments in Korean Patent Law
LexBlog IP
APRIL 5, 2023
Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Recent Case Law: Divisional Applications and ST.26 thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media
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What is a Design Patent?
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. The design must be a design for a specific article; it cannot exist independently of the article.
Artificial Intelligence system as inventor in South African patent application: The case of DABUS
The IPKat
AUGUST 16, 2021
In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.
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What do dashed lines in a design patent mean?
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.
Can you file a design patent continuation application?
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.
Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II
SpicyIP
AUGUST 1, 2021
Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.
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Easy Patent law Quiz for 2021:
Patently-O
DECEMBER 5, 2021
These already exist, but Crunch has designed a new model that includes a handle (for stability) and also a touchscreen control that can be used to stream audio/video instructions. Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1.
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China: Design Patents and the Metaverse
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. A “physical product” is still needed to file an application. Overview of current legislation in China.
The Difference between Utility, Design, and Plant Patents
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. Utility patents. Design patents.
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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?
Intellectual Property Law Blog
FEBRUARY 14, 2024
Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.
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China: Design Patents and the Metaverse
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 Article 2.4
TTAB Affirms Section 2(e)(5) Functionality Refusal of Iconic Eames Chair Design
The TTABlog
AUGUST 30, 2021
The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.
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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
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].
Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
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]
Madras High Court quashes patent refusal: Upholds fairness and reasoned decision-making
Selvam & Selvam Blog
NOVEMBER 21, 2024
and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appellants, Intervet International B.V.
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The Scope of Comparison Prior Art in Design Patent Infringement
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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.
Human Intervention vs. Essentially Biological Processes: The Patentability Debate in Sakata Seed Corporation Case
SpicyIP
NOVEMBER 23, 2024
The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. course at NLSIU Bangalore.
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Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani
SpicyIP
MARCH 7, 2023
Sukarm is an undergraduate law student at NLSIU, Bangalore. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Microsoft v.
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[Sponsored] Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S. Majumdar & Co. (October 5-November 23)
SpicyIP
OCTOBER 1, 2024
founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,
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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction
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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Patent Law and the False Claims Act.
Patently-O
SEPTEMBER 6, 2022
government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).
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Monday Miscellany
The IPKat
NOVEMBER 4, 2024
Upcoming events and competitions: UCL IBIL course: Law Drafting and negotiating clinical trial agreements on Monday 4th and Tuesday 5th November. IESEG school of management, Design protection in the fashion field. Letter from different countries , 8 Nov 2024 UCL IBIL seminar: Patent Law – Fit for an (emotional) AI age?:
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Is a Patent Worth Your Money and Time?
Patent Trademark Blog
JUNE 15, 2023
How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?
IP strategy for AI-assisted drug discovery
The IPKat
OCTOBER 31, 2024
However, the nascent field of AI-assisted drug design also highlights the need for IP strategy to be as forward-looking and innovative as the science it seeks to protect. As such, the patentability of a drug candidate must be a key component in drug design. Alfie (a.k.a.
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Can You Copyright or Trademark a Logo Designed by AI?
LexBlog IP
DECEMBER 26, 2023
I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.
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