JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

Design Patent 64

Design Patent Designs Design Copying 64

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.

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Design Patent Designs Design Patent 52

LexBlog IP

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.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 25, 2021

If your company designs and manufactures unique consumer products, then you likely already know about patents. You might even have a utility patent for one or more of your products. But you may not know about design patents. Utility Patents vs. Design Patents. Applying for a Design Patent.

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Design Patent Designs Design Patent 52

Patent Trademark Blog

JANUARY 18, 2024

Can the right patents help you sell more? At the end of the day, patents must serve your business goals if they are going to be worth pursuing. The right patents can help you increase sales of innovative products. A winning formula boils down to: Getting the right patents; and Enforcing your patents cost-effectively.

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

Design Patent 52

Design Patent Designs Design Intellectual Property 52

IP Watchdog

AUGUST 20, 2021

Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s s design patents would have been obvious over the prior art.

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Design Patent Patent Designs Design 126

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. Narrow patents are less likely to be found unpatentable.

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Design Patent Designs Design Patent 52

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

DECEMBER 7, 2023

How can a patent boost Amazon sales? Amazon Sellers cannot ignore patent protection. Unless you’re selling only me-too goods, consider how the right patent can boost Amazon sales of your innovative product. Going naked without patent protection will simply invite competitors to steal your market share.

Design Patent 52

Design Patent Patent Designs Design 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 113

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? So you’ve created a new product.

Design Patent 52

Design Patent Patent Designs Design 52

Patent Trademark Blog

DECEMBER 19, 2023

Why should you care about patents for your Amazon business? How can innovative product creators use patents to protect their Amazon business? Need to get Amazon business patents? Which patents make the most sense for your Amazon products? Not every product will deserve patent protection. All is not lost.

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Business Patent Design Patent Designs 52

JD Supra Law

SEPTEMBER 3, 2021

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist between that evidence and the design’s merits. . By: Jones Day

Designs 52

Designs Design Design Patent Patent 52

Patent Trademark Blog

OCTOBER 26, 2022

Patent your idea or keep it secret? If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? There is a tradeoff when you file a patent. Don’t apply for a patent. What if your patent is not enabling?

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Confidentiality Patent Patent Application Invention 96

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

NOVEMBER 16, 2023

What if your Amazon patent violation report against an infringing product is denied? It seems so easy for patent owners. Fill out Amazon’s Report a Violation form by identifying your patent and the ASIN of each infringing product. How do you use the Amazon patent violation system effectively? Will it help?

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Reporting Patent Design Patent Designs 52

IPilogue

DECEMBER 21, 2021

Peloton seeks a court declaration that its new clothing design does not infringe on Lululemon’s design patent. It only took five days for Lululemon to follow through with its threat and countersue Peloton for infringing on its design patents. Peloton and Lululemon have a long history with each other.

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Patent Intellectual Property Law Designs Design 106

Patent Trademark Blog

MAY 26, 2023

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? Is there still a way to get IP if you’re too late to patent your products? Need IP for a product that is too late to patent?

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LexBlog IP

MARCH 8, 2022

Interesting Patents. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents?

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

The IP Law Blog

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. 10,123,646.

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Patent Design Patent Invention Inventor 98

LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

Patent 40

Patent Invention Design Patent Designs 40

43(B)log

FEBRUARY 3, 2024

Gilden: the patent side has categories for, e.g., devices for genital massage. Why the difference between patent & TM sides? TM office may get in the news more; articles about “how dare they grant a patent to this thing” don’t seem to appear. PTO did a lot of work on the patent side. A: definitely could be a factor.

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Designs Design Law Design Patent 59

LexBlog IP

JULY 27, 2023

Can you file the utility patent application with the color drawings or photographs? 113, the Applicant for a patent must “furnish a drawing where necessary for the understanding of the subject matter to be patented”. . § Typically, the drawings in a utility patent application are submitted in black and white.

Patent Application 52

Patent Application Patent Invention Copying 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

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Designs Design Design Patent Branding 59

Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

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Design Patent Designs Design Registration 52

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. Utility Patent. Design Patent. Plant Patent.

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Inventor Patent Design Patent Invention 52

Larson & Larson

MARCH 26, 2021

What is a Patent? Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. The Different Types of Patents.

Patent 52

Patent Inventor Design Patent Designs 52

Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. RE49,513 : “Barbell.”

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

LexBlog IP

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. ” This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. (Or,

Patent 52

Patent Design Patent Invention Inventor 52

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

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. Design Patent No.

Design Patent 52

Design Patent Copyright Law Intellectual Property Designs 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. WS has nine relevant design patents, which it alleged Wayfair infringed. Wayfair Inc.,

False Advertising 59

False Advertising Advertising Advertising Designs 59

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. How should you review patent drawings?

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Patent Application Editing Patent Design Patent 53

Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

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Patent Application Patent Design Patent IP 40