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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. Most asserted design patents are invalidated in litigation.

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Industrial Design under The Design Act, 2000

IP and Legal Filings

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 72
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UK IPO consultation on trade mark and design services

The IPKat

This second consultation focuses on specific trade marks and designs issues, but also includes some proposals on patents and tribunals. Inventors’ addresses The government is considering no longer publishing full addresses of inventors for UK patents, instead publishing only country and place of residence.

Designs 70
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Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Plus, DPIAs pose potential security risks due to the sensitive and confidential nature of the information contained within the reports.

Copying 127
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Novelty of a Design

Biswajit Sarkar Copyright Blog

The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. An article with a unique and innovative design gives a product an attractive appearance that may attract clients.

Designs 52
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Copyright in Registered Designs

Biswajit Sarkar Copyright Blog

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

Designs 52
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Industrial Design Registration Process

Biswajit Sarkar Copyright Blog

The term “design” has been defined in Section 2(d) of the Designs Act, 2000 as the features of shape, configuration, pattern, ornament or composition of lines or colours applied on an article that is either two or three dimensional or both. Criteria for design registration.