IP Law 360

JUNE 26, 2024

Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.

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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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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. By better, we mean a patent that provides broader rights. How do you make a design patent broader?

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IP Law 360

MAY 29, 2024

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

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LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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The IPKat

MARCH 11, 2024

The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art.

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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.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. How would a logo help get your design patent application allowed?

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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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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.,

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Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Trademark Blog

MAY 16, 2024

Can you patent a consumer product? Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? Ready to patent your consumer product? Ready to patent your consumer product? Aren’t patents too expensive to enforce?

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LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

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LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. 29/491,550 (the ’550 application). 3d 1334 (Fed.

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IP Watchdog

NOVEMBER 26, 2022

Worldwide IP filings increased by 3.6% The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. The United States saw a 1.2%

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Patent Trademark Blog

MAY 18, 2022

Can you file a late foreign patent application based on Paris Convention? We’ve talked about filing late PCT and national stage applications. But, what if you are thinking about filing a direct foreign patent application claiming priority to a US priority application? Let’s look another scenario.

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Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g., How much are the PCT government fees?

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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.

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Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Is a functional product disqualified from design patent protection?

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IP Law 360

JANUARY 5, 2024

Patent and Trademark Office is now accepting applicants for its design patent practitioner bar, opening the door to practitioners with more artistic qualifications to prosecute design patent applications without having to meet the more rigorous standards for utility patent practitioners.

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LexBlog IP

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.

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IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. About the Patent Drafting Competition.

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LexBlog IP

JULY 27, 2023

Can you file the utility patent application with the color drawings or photographs? 113, the Applicant for a patent must “furnish a drawing where necessary for the understanding of the subject matter to be patented”. . § Typically, the drawings in a utility patent application are submitted in black and white.

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LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

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Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

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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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Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Patent Trademark Blog

FEBRUARY 9, 2023

Should you try to file a patent yourself? Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents.

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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.

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Sander Law

JUNE 8, 2023

There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g.

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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.

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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.

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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. 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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