JD Supra Law

OCTOBER 4, 2023

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law

Design Patent 68

Design Patent Patent Infringement Art Designs 68

JD Supra Law

NOVEMBER 7, 2022

The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world. By: Dentons

Art 105

Art Designs Design Law 105

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art.

Art 109

Art Invention Patent Application Publishing 109

JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them. By: Morgan Lewis

Design Patent 105

Design Patent Art Designs Design 105

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

Art 130

Art Invention Copying Designs 130

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. 2 Draft Directive, Art. New definitions for “design” and “product” (Art. 2 Draft Directive, Art.

Designs 134

Designs Design Publishing Art 134

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.

Designs 128

Designs Design Art Litigation 128

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.”

Design Patent 141

Design Patent Designs Design Patent 141

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.

Designs 145

Designs Design Art Registration 145

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.

Designs 75

Designs Design Art Trademark Law 75

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

Designs 57

Designs Design Intellectual Property Art 57

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?

Designs 59

Designs Design Registration Trademark 59

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.

Design Patent 79

Design Patent Designs Design Patent 79

The IPKat

JANUARY 30, 2024

The protection of works of applied art by intellectual property is a divisive issue. This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. One version featured epaulette sleeves, while the other had short sleeves and no epaulettes.

Designs 73

Designs Design Art Intellectual Property 73

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

Intellectual Property Law Blog

DECEMBER 7, 2023

VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc.

Art 147

Art Social Media Branding Brands 147

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

Intepat

SEPTEMBER 15, 2023

Introduction In the ever-evolving intersection of technology and creativity, a groundbreaking revolution is underway – AI-generated art. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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.

Designs 89

Designs Design Copyright Copyright Infringement 89

JD Supra Law

OCTOBER 5, 2023

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an infringement analysis―to the same article of manufacture claimed by the patented design.

Design Patent 70

Design Patent Designs Design Patent Infringement 70

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. In order to demarcate both IP rights, Art. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. 8(1) of EU Regulation No.

Designs 86

Designs Design Art Registration 86

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.

Design Patent 98

Design Patent Designs Design Patent 98

WIPO Magazine

MARCH 6, 2024

The Li people of Hainan Island in the People’s Republic of China are known for their beautiful brocade art, which reflects their rich history and cultural traditions.

Art 52

Art Designs Design 52

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. Class 9 : Downloadable virtual goods, namely, digital art. see here ). see here ).

Designs 144

Designs Design Non-Fungible Tokens Editing 144

IP Watchdog

FEBRUARY 5, 2024

government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The so-called Rosen-Durling test for design patent obviousness requires that, first, under In re Rosen (C.C.P.A., Next, under Durling v. Spectrum Furniture Co., 3d 100, 103 (Fed.

Design Patent 64

Design Patent Designs Design Patent 64

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? any known prior art references material to patentability.

Design Patent 98

Design Patent Designs Design Patent Application 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 73

Designs Design IP Art 73

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? Do you have a 3D file or photos of your design?

Design Patent 52

Design Patent Patent Application Designs Design 52

LexBlog IP

OCTOBER 12, 2021

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]

Design Patent 52

Design Patent Art Designs Design 52

IP Intelligence

OCTOBER 12, 2021

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]

Design Patent 52

Design Patent Art Designs Design 52

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Summary Judgment : Mosaic lacked product design trade dress rights. Is it Prior Art? Ridge Wallet LLC , — F.4th 4th — (Fed. Supreme Court 2022). = = = =.

Art 123

Art Branding Brands Branding 123

The IPKat

SEPTEMBER 3, 2021

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136

Designs Design Law Art 136

Kluwer Copyright Blog

MARCH 19, 2024

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor. The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture.

Art 56

Art Plagiarism Artwork Graphic Design 56

JD Supra Law

SEPTEMBER 26, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023), the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of.

Design Patent 70

Design Patent Designs Design Art 70

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.

Designs 130

Designs Design Art Law 130

LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 52

Design Patent Designs Design Graphic Design 52