IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 86

Designs Design Registration Law 86

The IPKat

JUNE 12, 2024

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. The referring court also noted that the protection under Art. 8(2) CDR ).

Designs 60

Designs Design Art Law 60

Patently-O

DECEMBER 6, 2022

In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. The panel did not seem convinced that it had the authority to overrule those prior panel decisions and at least one judge expressed doubt that KSR even applies to designs.

Designs 56

Designs Design Design Patent Art 56

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Designs 90

Designs Design Art Trademark Law 90

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Branding Brands 52

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 102

Designs Design Copyright Copyright Infringement 102

JD Supra Law

MAY 30, 2024

Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard.

Design Patent 73

Design Patent Designs Design Patent 73

The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

Designs 144

Designs Design Non-Fungible Tokens Editing 144

IP Watchdog

FEBRUARY 5, 2024

government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The so-called Rosen-Durling test for design patent obviousness requires that, first, under In re Rosen (C.C.P.A., Next, under Durling v. Spectrum Furniture Co., 3d 100, 103 (Fed.

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

APRIL 26, 2024

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.”

Designs 68

Designs Design Law Intellectual Property 68

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

Design Patent 134

Design Patent Designs Design Patent 134

IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”

Design Patent 119

Design Patent Designs Design Patent 119

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? The case under scrutiny is LKQ Corp.

Design Patent 64

Design Patent Designs Design Patent 64

Patently-O

JUNE 11, 2024

GM is perhaps as dramatic a change for the design patent arena as Alice was for utility patents. The old Rosen-Durling test made it almost impossible to reject a design patent as obvious except for extreme cases involving either direct copying or extremely broad claims. ” However, it does not appear that Dir.

Design Patent 45

Design Patent Designs Design Patent 45

The IPKat

NOVEMBER 7, 2021

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). In August, Advocate General (AG) Øe advised the Court to answer that partial designs may indeed be protected under UCD rights.

Designs 145

Designs Design Art Registration 145

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.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

Design Patent 70

Design Patent Patent Infringement Art Designs 70

The IPKat

AUGUST 2, 2021

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.

Designs 128

Designs Design Art Law 128

The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

Designs 124

Designs Design Law Art 124

Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. In re Surgisil, LLP , — 4th — ( Fed.

Design Patent 141

Design Patent Designs Design Patent 141

The IPKat

OCTOBER 24, 2024

Overall, the GRUR Committee considers that the referring Court has misinterpreted established requirements and standards for finding design infringement under EU law and practice. Also, the questions referred to the CJEU have been already answered by the CJEU, at least to a large extent.

Designs 112

Designs Design Cease and Desist Intellectual Property 112

JD Supra Law

MARCH 11, 2022

CIRRUS DESIGN CORPORATION - Before Lourie, Hughes, and Stoll. Summary: A claim is obvious where “the proposed combination of [the references]—rather than one of the individual references—discloses the disputed claim limitations.” HOYT AUGUSTUS FLEMING V. Appeal from the Patent Trial and Appeal Board.

Design 52

Design Designs Patent 52

JD Supra Law

JUNE 20, 2024

Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit.

Design Patent 59

Design Patent Designs Design Patent 59

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? any known prior art references material to patentability.

Design Patent 98

Design Patent Designs Design Patent Application 98

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 67

Designs Design Registration Intellectual Property 67

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Samsung (Fed.

Design Patent 90

Design Patent Designs Design Patent 90

The IPKat

SEPTEMBER 3, 2021

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136

Designs Design Law Art 136

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Designs 84

Designs Design Art Registration 84

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited. 2d at 391).

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Designs 133

Designs Design Publishing Art 133

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

Designs 56

Designs Design Intellectual Property Art 56

LexBlog IP

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. First, they must be novel (i.e., Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? If you are an Amazon seller, design patents must be considered – either offensively or defensively. Offensively, you can acquire design patents to protect the unique visual appearance of your product. When should Amazon sellers consider filing design patents?

Design Patent 81

Design Patent Designs Design Patent 81

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

Designs 93

Designs Design Registration Intellectual Property 93

Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Tl;dr: The primary reference requirement is good but the Federal Circuit has applied it too strictly.) It refers only to the statutory “provisions.” These are good questions and well worth discussing.

Design Patent 53

Design Patent Designs Design Patent 53

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

Designs 64

Designs Design Art Law 64

IAM Magazine

NOVEMBER 2, 2022

According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application.

Designs 52

Designs Design Design Patent Patent 52