Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. IOEngine, LLC v. Ingenico Inc. 2021-1227 (Fed. 3d 845 (Fed.

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Patent Invention Designs Design 62

The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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Designs Design Intellectual Property Social Media 126

The IPKat

JUNE 12, 2024

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(3) CDR does not require the design to serve an aesthetic purpose. 8(2) CDR ).

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Designs Design Art Law 60

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Designs Design Publishing Art 133

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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Designs Design Registration Trademark 59

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. Publisher/Speaker Claims. Publisher/Speaker Claims. Case Citation : Lama v.

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Designs Design Social Media Publishing 80

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Designs Design Art Litigation 126

Velocity of Content

FEBRUARY 8, 2023

CCC is pleased to once again be participating in and speaking at the National Information Standards Organization’s (NISO) Plus 2023 Conference. This year’s theme, “Global Conversations, Global Connections”, promises to look at the importance of metadata in the information standards space.

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Designs Design Publishing Marketing 98

The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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Designs Design Law Art 124

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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Designs Design Registration Intellectual Property 67

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? Can you speed up the design patent examination process?

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Design Patent Designs Design Patent Application 98

Velocity of Content

MAY 16, 2024

Medical Affairs (MA) teams are a vital part of the human capital available to pharmaceutical companies—these teams intersect the healthcare sphere and their fundamental role can be described as information “shareholders.”

Designs 52

Designs Design Technology Copyright 52

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Recently, the Senate Judiciary Committee heard the bill for informational purposes. The bill is currently pending approval by both chambers.

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Copying Designs Design Blogging 127

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents 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. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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Design Patent Designs Design Patent 98

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? Do you have a 3D file or photos of your design?

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Design Patent Patent Application Designs Design 52

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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Designs Design Registration Intellectual Property 60

JD Supra Law

MAY 15, 2023

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The current issue includes decisions entered (or designated as precedential) between January 1, 2023 and March 31, 2023.

Designs 98

Designs Design 98

LexBlog IP

FEBRUARY 15, 2024

As outlined in our previous post , securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. ” Independent and Complete Design Units For now, partial claims should form an independent and complete design unit.

Designs 52

Designs Design Law Intellectual Property 52

The IPKat

JANUARY 31, 2022

The UK Intellectual Property Office (IPO) is carrying out a Call for Views as part of a review of the designs system to make sure it remains fit for the future. The IPO have provided the following details: The designs system enables rights holders to protect designs and enforce their rights.

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Designs Design Intellectual Property IP 90

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. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Designs Design Intellectual Property Licensing 114

IIPRD

JANUARY 28, 2023

The fact that data principals frequently lack the required knowledge to know what type of private information is useful for a specific purpose is ignored when collection is made conditional solely on consent. It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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Design Patent Designs Design Patent 52

IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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Registration Designs Design Intellectual Property 77

IP Law 360

AUGUST 23, 2023

has sued two individuals, claiming they misused the company's confidential information to develop and secure U.K. patent protections for a bottle lock design that is "notably similar" to one of its designs. Retail security company Algreta Solutions Ltd.

Designs 52

Designs Design Confidentiality Patent 52

The IPKat

JANUARY 15, 2022

This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. Durkin, Ádám György, Mark D. The book does not disappoint.

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Designs Design Law Editing 89

LexBlog IP

MARCH 8, 2024

It found that the Act’s prohibitions, such as the collecting, sharing, or selling of personal information for age-profiling or other purposes, “limits the ‘availability and use’ of information by certain speakers and for certain purposes and thus regulates protected speech.” The reason?

Designs 52

Designs Design Social Media Privacy 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Designs Design IP Art 69

The IPKat

JANUARY 10, 2022

The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Originally planned for 2021, the Commission’s proposal to review the Design Directive and the Design Regulation is to be unveiled in the second quarter of 2022.

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Designs Design Intellectual Property Publishing 141

IPilogue

JUNE 27, 2022

The Sponsored Stories were not displayed on the user’s home page and Facebook did not inform the user when their name and image was part of a Sponsored Story. Further, the Court held that Facebook could not establish a basis for implied consent as users were not informed when their information was used in Sponsored Stories.

Privacy 59

Privacy Social Media Advertising Advertising 59

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Design Patent Designs Design Patent 57

Patently-O

JANUARY 13, 2023

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S. 33 Berkeley Tech.

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Design Patent Designs Design Patent 73

Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

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Designs Design Copying Registration 52

JD Supra Law

MARCH 8, 2023

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. Aldi’s products did not produce a different overall impression on the informed user. By: Hogan Lovells

Designs 52

Designs Design 52

The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Opull’ence appealed.

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Designs Design Art Intellectual Property 70

The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The case goes as follows. 8(1) Regulation 6/2002.

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Designs Design Art Patent 107

LexBlog IP

OCTOBER 19, 2023

A debate is growing within the trade secret community about the scope of information that should be protected–specifically, confidential information that does not rise to the level of a trade secret. On October 12, 2023, in Hanneman Family Funeral Home & Crematorium v. So what was the case about?

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Confidentiality Contracts Government Law 52