article thumbnail

Why trade dress beats design patents

Likelihood of Confusion

Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents.

article thumbnail

Design Patent Protection for Computer Generated Icons and Graphical User Interfaces

Intellectual Property Law Blog

Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. Strategic use of design patents can be an important part of an overall patent strategy. Strategic use of design patents can be an important part of an overall patent strategy.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Gourd-Geous Designs – The Halloween Patent That Makes Carving a Breeze!

JD Supra Law

Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.

Design 86
article thumbnail

2024 Design Patents Year in Review: Analysis & Trends

JD Supra Law

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.

article thumbnail

Is your design patent taking too long?

Patent Trademark Blog

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. Strip out the fast-tracked design applications from the equation, and the average wait time for non-expedited design applications would certainly be longer.

article thumbnail

2024 Design Patents Year in Review: Analysis & Trends - Global Shifts in Design Law and Policy

JD Supra Law

2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant advances and heralding greater global harmonization.

Design 77
article thumbnail

2024 Design Patents Year in Review: Analysis & Trends - ITC Design Patent Trends: Analyzing Outcomes Through 2024

JD Supra Law

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