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. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar.

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Design Patent Publishing Designs Design 122

The IPKat

MARCH 8, 2022

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here.

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Designs Design Copyright Law 141

JD Supra Law

FEBRUARY 15, 2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

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Designs Design Design Patent Law 72

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.”

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Designs Design Law Intellectual Property 67

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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Designs Design Registration Trademark 59

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.

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Design Patent Designs Design Patent 134

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.

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Designs Design Copyright Copyright Infringement 89

JD Supra Law

MARCH 15, 2024

A seemingly innocuous Instagram post by Rihanna is the reason that a Puma design patent* was held invalid. Last week, the General Court of the European Union affirmed the decision of a lower tribunal, invalidating Puma’s application on the grounds that the design had been publicly disclosed prior to the application’s filing date.

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Design Patent Designs Design Patent 69

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.

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Designs Design Art Registration 145

JD Supra Law

FEBRUARY 20, 2024

Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive shape of Gibson guitars, the visual appeal of product designs can be a critical asset in the competitive marketplace. By: Polsinelli

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Designs Design Design Patent Patent 58

Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. Functionality : Design patents focus on ornamentality rather than utility. Although the design must be ornamental, it is simultaneously a “design for an article of manufacture.”

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Design Patent Designs Design Patent 141

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.

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Designs Design Registration Intellectual Property 70

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.

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Designs Design Art Trademark Law 75

JD Supra Law

APRIL 30, 2024

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like.

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Designs Design Licensing Ownership 74

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.

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Designs Design Art Law 130

JD Supra Law

MAY 8, 2024

collectively, “LKQ”) in several design patent validity disputes, including this case against GM Global Technology Operations and by extension General Motors Co. GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc.

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Design Patent Designs Design Patent 61

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

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Publishing Designs Design Patent 110

McKinsey Operations

DECEMBER 8, 2022

Design matters—and not just in good times. CEOs who embrace design can enhance strategy and better navigate this age of volatility.

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Designs Design 127

Biswajit Sarkar Copyright Blog

JULY 21, 2022

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. To protect designs , it has to be registered under the Designs Act, 2000.

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Designs Design Branding Brands 69

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 ).

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Designs Design Non-Fungible Tokens Editing 144

McKinsey Operations

AUGUST 19, 2022

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

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Designs Design 135

Likelihood of Confusion

MARCH 6, 2023

A long time ago, in a galaxy far, far away… in a May 2016 blog post entitled “Design Patents at the Supreme Court: A Picture is Worth…” we promised to follow up. The post Rogue phOne: A Design Wars Story appeared first on LIKELIHOOD OF CONFUSION™.

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Designs Design Design Patent Blogging 98

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

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Design Patent Designs Design Patent 144

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Designs Design Art Litigation 128

JD Supra Law

FEBRUARY 8, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. In particular, the U.S.

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Design Patent Designs Design Patent 78

JD Supra Law

FEBRUARY 9, 2024

Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design. D930,702 for an animated graphical user interface, finding the patented design anticipated and. Specifically, the PTAB cancelled Wepay Global Payment’s U.S.

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Design Patent Designs Design Patent 67

McKinsey Operations

APRIL 10, 2023

The former Apple VP and University of California Design Lab director explains why leaders should take the “humanity-centered” approach and adopt sustainable technologies and business models.

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Designs Design Business Technology 115

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. 35 USC 171 sets forth the requirements for getting a design patent.

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Design Patent Designs Design Patent 98

Christopher Roser

JANUARY 3, 2023

This idea can be extended to product design, aiming for a product that gives the customer a perfect experience. The post Omotenashi in Product Design first appeared on AllAboutLean.com. But even in Japan, it means something else: it is the aim for perfection with a customer. The Word Omotenashi The word omotenashi.

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Designs Design 96

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

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Design Patent Designs Design Patent 67

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

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 113

McKinsey Operations

MARCH 22, 2023

The ability to improve cost savings, sustainability, and consumer benefits has proven skinny design packaging to be a powerful tool to maximize product volume and performance.

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Designs Design 102

JD Supra Law

MARCH 1, 2023

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement examination of partial designs. Australia implemented a grace period for designs.

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Designs Design Design Patent Law 96

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.

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Designs Design Publishing Art 134

JD Supra Law

MARCH 7, 2024

Department of Defense (DOD) is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide coverage for trademarks and similar designations. By: Wiley Rein LLP

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Designs Design Trademark Ownership 64

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

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Registration Designs Design Journalism 79