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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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Patent Law and the False Claims Act.

Patently-O

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).

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Smart Wallets and Measuring Credibility of the Prior Art

Patently-O

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Artificial Intelligence and IP: A Literature Review

SpicyIP

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

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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. This has been a historically tumultuous area of patent law.

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