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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.

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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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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

LexBlog IP

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6]. ” [6]. 1] 35 U.S.C. § § 289. [2]

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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

IP Intelligence

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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Federal Circuit Narrows Scope of Egyptian Goddess

Patently-O

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. 2008) (en banc). Columbia Sportswear North America, Inc. 2021-2299, — F.4th

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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

The IPKat

The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. Issued also by the State Council of China, ‘The Outline’ (2008) led intellectual property to rise to the level of national strategy, commencing a series of measures in the years that followed.

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The Scope of Comparison Prior Art in Design Patent Infringement

Patently-O

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. 2008) (en banc) and its key predecessor Smith v. 2008) (en banc).