JD Supra Law

JANUARY 23, 2025

As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc whether the long-standing design patent obviousness test required modification. and elsewhere. In last years report, we noted that the U.S. While the new.

Design Patent 78

Design Patent Design Designs Patent 78

JD Supra Law

SEPTEMBER 18, 2024

Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent 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

Design Patent 118

Design Patent Patent Law Design Designs 118

The IPKat

NOVEMBER 13, 2024

In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. The AmeriKat has the t-shirt.now what?

Patent 118

Patent Patent Application Reporting Privacy 118

JD Supra Law

JANUARY 27, 2025

International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents.

Design Patent 66

Design Patent Design Designs Intellectual Property 66

SpicyIP

APRIL 18, 2025

Inox India Limited and Others , Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. Aditya is a third-year law student at the National Law School of India University, Bangalore.

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Design Designs Artistic Work Copyright 59

JD Supra Law

JANUARY 23, 2025

The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. The court issued five opinions involving U.S. Below we discuss the two substantive cases: LKQ Corporation v.

Design Patent 66

Design Patent Design Designs Patent 66

Patently-O

JUNE 22, 2022

Evo’s design patent 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 : Design patents focus on ornamentality rather than utility. by Dennis Crouch.

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Design Patent Design Designs Patent 141

Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.

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Trademark Patent Registration Trademark Law 147

SpicyIP

APRIL 18, 2025

Aditya is a third-year law student at the National Law School of India University, Bangalore. Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas.

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Design Designs Copyright Artistic Work 59

JD Supra Law

FEBRUARY 21, 2025

When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. By: Quarles & Brady LLP

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Design Designs Invention Patent 61

JD Supra Law

AUGUST 12, 2024

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 Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” design patents.

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Design Patent Design Designs Intellectual Property 103

JD Supra Law

MARCH 25, 2025

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. 103 in view of the en banc United States Court of Appeals for the Federal Circuit (CAFC)s decision in LKQ Corporation v.

Design Patent 61

Design Patent Design Designs Patent 61

JD Supra Law

JANUARY 28, 2025

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug. 6, 2024) and Hangzhou Taihe Trading v.

Design Patent 66

Design Patent Design Designs Patent 66

JD Supra Law

NOVEMBER 26, 2024

These two systems were designed to enable micro, small, and medium-sized enterprises. By: Jones Day

Patent 115

Patent Designs Design 115

IP Watchdog

APRIL 13, 2025

A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patents grant, and they offer a centralized way to revoke or limit the patent in all designated states.

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Law Design Designs Patent 64

IIPRD

JANUARY 7, 2025

One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.

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IP Intellectual Property Invention Inventor 98

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.

Design Patent 119

Design Patent Design Designs Patent 119

The IPKat

MARCH 31, 2025

Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.

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Intellectual Property Law Law IP Intellectual Property 64

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent 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 design patent matters.

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Design Patent Design Designs Graphic Design 111

Patently-O

MAY 24, 2024

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 design patents.

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Design Patent Design Designs Art 130

IP Watchdog

MARCH 31, 2025

Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis.

Law 52

Law Patent Application Patent IP 52

IP Watchdog

NOVEMBER 12, 2024

This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

Intellectual Property Law 118

Intellectual Property Law Intellectual Property Journalism IP 118

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

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Publishing Design Designs Patent 109

JD Supra Law

MAY 22, 2024

GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. 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.

Design Patent 107

Design Patent Design Designs Patent Law 107

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

IP Law 360

NOVEMBER 19, 2024

Intellectual property law groups and Apple Inc. Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. have recommended that the U.S.

Design Patent 98

Design Patent Design Designs Intellectual Property Law 98

JD Supra Law

AUGUST 12, 2024

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions.

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Design Patent Design Designs Patent 105

JD Supra Law

JUNE 26, 2024

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. GM Global Technology Operations L.L.C.

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Design Patent Design Designs Patent 104

JD Supra Law

DECEMBER 20, 2023

By: Linda Liu & Partners

Design 112

Design Designs Patent Infringement Patent 112

IP Watchdog

JANUARY 9, 2025

Pramudji Law Group PLLC, a Houston-based IP boutique law firm, is seeking a patent agent/patent attorney/patent engineer with a degree in Electrical Engineering, Computer Engineering, or Physics. This position entails drafting and prosecuting patent applications and performing invalidity and infringement analysis.

Law 52

Law Patent Application Patent IP 52

JD Supra Law

MAY 24, 2024

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 design patents 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.

Design Patent 108

Design Patent Design Designs Patent 108

IP Watchdog

NOVEMBER 22, 2024

Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S.

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Design Designs Law Patent Infringement 59

IP Law 360

MAY 21, 2024

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

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Design Patent Design Designs Patent 105

IP Law 360

JUNE 3, 2024

The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.

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Design Patent Design Designs Patent 98

IP Law 360

NOVEMBER 22, 2024

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 design patents.

Design Patent 98

Design Patent Design Designs Intellectual Property 98

Intepat

APRIL 7, 2025

INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor.

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Patent Inventor Invention Patent Law 52

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. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Design Designs Patent Patent Application 103