Copying Design Patent Law Patent Law 
Patently-O
MAY 21, 2024
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.
Patently-O
SEPTEMBER 17, 2023
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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The IP Law Blog
JUNE 9, 2022
A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.
43(B)log
FEBRUARY 3, 2024
Christine Haight Farley, Design Authenticity Book project, still shaping up. Case study of George Nelson’s bubble lamp (mid-century modern design), how TM law creates new design rights. Nelson was second design director of Herman Miller Co. Stiffel: invalidated patent on another midcentury modern lamp.
Patently-O
JANUARY 20, 2023
Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. See [link].
LexBlog IP
OCTOBER 4, 2022
While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. and NBCUniversal Media, LLC relating to alleged copying of fonts. Design Patents. Copyrights.
LexBlog IP
APRIL 19, 2023
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.
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