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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

The IPKat

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. Taken upon by the European Commission, the initial design reform took several years of adoption, mainly because of controversies surrounding design protection of spare parts.

Designs 120
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Long-awaited changes for Australian designs receive Royal Assent

The IPKat

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

Designs 126
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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

SpicyIP

The Controller of Patents had earlier declined to entertain the petitioner’s national phase application on the ground that it breached the statutory deadlines set out in Rule 138 of the Patent Rules 2003. f) was 1 January 2003. The petitioner approached the High Court against the decision of the Controller of Patents.

Patent 98
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CAFC Affirms PTAB Ruling that Ballistic Parachute System Patent Claims Are Obvious

IP Watchdog

Cirrus Design Corp. The Board concluded that claims 137-139 were unpatentable as obvious over the combination of Cirrus Design’s Pilot Operation Handbook for the SR22, Revision A7, (Oct. 10, 2003) (POH) and U.S. petitioned for inter partes review of multiple claims, including claims 135-139, of the ’474 patent.

Patent 116
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Tradition has no shape: the protection of a design does not depend on the type of product in which it is incorporated

Garrigues Blog

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

Designs 52
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The Draft Patent (Amendment) Rules, 2023

Intepat

Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions.

Patent 52