Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? How much to patent an idea?

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Patent Application Patent Designs Design 98

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

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 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

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.

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Design Patent Designs Design Patent 115

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

JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

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Design Patent Art Designs Design 105

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. What is an original design?

Design Patent 98

Design Patent Designs Design Patent 98

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. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

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Design Patent Designs Design Patent 98

JD Supra Law

OCTOBER 23, 2024

7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! CV 22-1377, 2024 WL 4436629 (D. The District of Delaware (“the court”) recently held that Apple Inc.’s The District of Delaware (“the court”) recently held that Apple Inc.’s By: Irwin IP LLP

Design Patent 63

Design Patent Designs Design Patent Application 63

JD Supra Law

APRIL 29, 2022

Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”. “The more you know, the less you need.” ?

Design Patent 98

Design Patent Designs Design Patent 98

SpicyIP

AUGUST 29, 2024

Madras HC Remands Patent Application Back to IPO for Reconsideration By Md. Sabeeh Ahmad The Madras HC in a judgment this week has, on an appeal by Hendrickson USA (manufacturers of heavy-duty suspensions), remanded their patent application for “Axle Mount For Heavy-Duty Vehicle Brake System Components” back to the Patent Office.

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Invention Patent Application Art Patent 114

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.

Designs 102

Designs Design Patent Patent Application 102

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.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

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.

Designs 117

Designs Design Intellectual Property Licensing 117

JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

Design Patent 69

Design Patent Designs Design Patent Application 69

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.,

Design Patent 98

Design Patent Designs Design Patent 98

Intellectual Property Law Blog

OCTOBER 11, 2022

Even though the analysis could have stopped at Step 2A Prong One, the Board also held that “the claims of the current application include specific features that were specifically designed to achieve an improved technological result” and “provide improvements to that technical field” (under Step 2A Prong Two). In In re Appl.

Patent Application 130

Patent Application Patent Inventor Invention 130

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.

Designs 109

Designs Design Art Patent 109

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.

Design Patent 98

Design Patent Designs Design Patent Law 98

JD Supra Law

DECEMBER 15, 2023

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.

Design Patent 72

Design Patent Designs Design Patent Application 72

JD Supra Law

JUNE 20, 2024

Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

Design Patent 69

Design Patent Designs Design Patent 69

Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Focus on the patent number.

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Patent Application Patent Design Patent Publishing 52

Patently-O

MARCH 11, 2024

First, the search result items are matched with related advertisements, and the search result items that have matched advertisements are designated in some way. However, at this initial step, the claim does not identify how the matching or designation occurs.

Patent Application 75

Patent Application Advertising Advertising Patent 75

IP Tech Blog

JANUARY 3, 2024

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. As such, in terms of predictions for the coming year, the commencement of consultations on changes to the UK patent system in light of AI feels like a safe bet.

Patent Application 62

Patent Application Inventor Patent Invention 62

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

Designs 66

Designs Design Design Patent Intellectual Property 66

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.

Designs 98

Designs Design Advertising Advertising 98

The IPKat

MARCH 11, 2024

2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

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IP Art Designs Design 113

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

Designs 59

Designs Design Law Intellectual Property 59

IP Watchdog

NOVEMBER 26, 2022

The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed. Trademark applications grew at a much faster rate than patent applications, with a 5.5% Industrial design filing activity also rose by 9.2% The United States saw a 1.2%

Reporting 137

Reporting IP Intellectual Property Patent Application 137

JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

Design Patent 76

Design Patent Designs Design Brands 76

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

Invention 122

Invention Inventor Patent Application Designs 122

Patent Trademark Blog

NOVEMBER 11, 2024

When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US applicant will have 6 months from the US design patent application to file any foreign design patent applications.

Design Patent 52

Design Patent Designs Design Patent Application 52

Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent?

Design Patent 52

Design Patent Designs Design Patent Application 52

SpicyIP

AUGUST 12, 2024

The Court clarified that the Controller should have considered the evidence on the record and that non appearance of the applicant in the hearing will not deem the application as abandoned, unless it was clear from the party’s explicit actions. However, non appearance alone could not be regarded as abandonment of the application.

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Designs Design Patent Patent Application 85

IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)

Design Patent 105

Design Patent Designs Design Music 105

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 ). The patent applications purportedly relate to the inventions of an AI ("DABUS"). It is the ordinary meaning of the term inventor".

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Patent Law Publishing Inventor Law 145