article thumbnail

Defending Design Patents

Patently-O

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. Acquiring Design Patents.

article thumbnail

Guest Post: We need to talk about the NDIL’s Schedule-A cases

Patently-O

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

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

Recent Trends in Article of Manufacture of Design Claims: A Modern Digital Popularity Contest

LexBlog IP

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

Designs 52
article thumbnail

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

Samsung: The Supreme Court presided over a few major technology cases in 2019, but in one of the most important ones, it reversed a ruling that found Samsung liable to pay its profit from the entire line of Galaxy phones in 2011.

article thumbnail

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

LexBlog IP

As made clear in the appellate opinion, a single meeting in August 2011 was central to the district court’s inventorship holding and the basis for Blue Gentian’s appeal. ’” In this aspect, the opinion clarifies that the same standard of contribution/inventorship applies to design patents as utility patents.

article thumbnail

From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

Notably, Apple trademarked its store design in the United States in 2011. Patent and Trademark Office recognized that this distinctive glass store design sets Apple stores apart from other retail establishments.

article thumbnail

A Beginner’s Guide to Patenting Software and AI

IPilogue

Part 5: The IP Hidden Gems: Trade Secrets and Industrial Designs. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area.

Invention 104