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

Designs 62

Designs Design Invention Patent 62

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. Looking back at last years design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers.

Design Patent 62

Design Patent Designs Design Patent 62

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 68

Design Patent Designs Design Patent 68

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.

Design Patent 68

Design Patent Designs Design Patent 68

JD Supra Law

NOVEMBER 26, 2024

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

Patent 117

Patent Designs Design 117

SpicyIP

DECEMBER 3, 2024

For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.

Designs 64

Designs Design Patent IP 64

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. Kartikeya is a second-year law student in the LL.B. Article 3.2

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Designs Design Law Intellectual Property 59

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

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Designs Design Law Intellectual Property 52

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 120

Design Patent Patent Law Designs Design 120

Erik K Pelton

FEBRUARY 6, 2025

This patent protects the firms proprietary software, a groundbreaking tool designed to streamline docket and deadline management in the trademark application process. 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

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 Designs Design Patent 119

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 Designs Design Art 130

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

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Design Patent Publishing Designs Design 122

IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail.

Design Patent 52

Design Patent Designs Design Patent 52

IP Watchdog

MARCH 26, 2025

The flexible approach of In re Maatita to definiteness embodies the idea that designs can be depicted in a variety of ways while still being reasonably understood by the ordinary observer.

Designs 52

Designs Design Patent Design Patent 52

Patent Trademark Blog

MARCH 18, 2025

What are the right patents for Amazon sellers? Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

Design Patent 52

Design Patent Patent Designs Design 52

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 Designs Design Intellectual Property 105

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

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. Cipla Ltd. ,

Patent Law 105

Patent Law Law Invention 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.

Design Patent 105

Design Patent Designs Design Patent 105

IP Close Up

DECEMBER 3, 2024

In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading

Design Patent 104

Design Patent Designs Design Intellectual Property 104

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 110

Design Patent Designs Design Patent 110

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.

Design Patent 105

Design Patent Designs Design 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.

Design Patent 98

Design Patent Designs Design 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 Designs Design Intellectual Property 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. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

Design Patent 107

Design Patent Designs Design Patent 107

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 114

Design Patent Designs Design Patent 114

IP Law 360

NOVEMBER 19, 2024

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. Intellectual property law groups and Apple Inc. have recommended that the U.S.

Design Patent 98

Design Patent Designs Design Intellectual Property Law 98

JD Supra Law

DECEMBER 20, 2023

By: Linda Liu & Partners

Designs 115

Designs Design Patent Infringement Patent 115

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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Designs Design Patent Patent Application 103

JD Supra Law

MARCH 20, 2025

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, theRosen-Durlingtest was used to assess obviousness of design patents. By: Womble Bond Dickinson

Design Patent 62

Design Patent Designs Design Patent 62

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 108

Design Patent Designs Design Patent Law 108

JD Supra Law

OCTOBER 31, 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed.

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Intellectual Property Patent Design Designs 70

SpicyIP

MARCH 24, 2025

The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. Also, what does this tell about the quality of patent grant/ rejection orders? Her previous posts can be accessed here. Well take quick look at these pressing questions in this post.

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Patent Patent Application Invention Designs 59

IP Watchdog

NOVEMBER 12, 2024

The European Parliament asserts without the slightest ambiguity that “the body of EU law on the protection of intellectual and industrial property rights, including copyrights, trademarks, patents, designs and trade secrets, fully applies to virtual worlds”.

Intellectual Property Law 118

Intellectual Property Law Intellectual Property Journalism IP 118

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

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Designs Design Registration Marketing 105

SpicyIP

OCTOBER 21, 2024

Other Posts Labrats, Patents, and Section 3(i): Madras High Court Grants Patent for Antibody Production in Genetically Modified Non-human Animals Recently, the Madras High Court delivered a noteworthy ruling in Kymab Limited v. GSK sues Moderna for infringing its COVID-19 vaccine patents.

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Cease and Desist Trademark Registering Trademarks Settlement 105