Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. What is not allowed in a continuing design patent application?

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Patently-O

SEPTEMBER 19, 2021

This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). One example that shows up in the data are the “island” patents — that word was somewhat randomly picked-up. Patentby Dennis Crouch. link].

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. Soup Dispenser Design patent case is back before the Federal Circuit. PTAB – patents are valid; 2. PTAB – yes, patents are valid; 4. Design Patent Nos.

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Design Patent Designs Design Copying 75

Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. Patent

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Design Patent Designs Design Art 111

IAM Magazine

SEPTEMBER 30, 2021

The design patent system is evolving rapidly in China. Supplement article

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JD Supra Law

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool.

Art 52

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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. What can reduce your chances of success in a design patent application?

Design Patent 40

Design Patent Designs Design Patent Application 40

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

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Patently-O

SEPTEMBER 11, 2021

This moving chart shows the most popular "article of manufacture" claims in US Design Patents since the 1970s. Patentpic.twitter.com/Wcy5c1ITAq. — Dennis Crouch (@patentlyo) September 11, 2021.

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Patently-O

SEPTEMBER 18, 2021

New design patents have a term of 15 years from patent issuance — that is a 1 year bump from the 14 year term familiar to many patent attorneys. The original design patent Act of 1840 included a 7 year term. Patent

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JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal….

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Design Patent Art Patent Application Designs 83

JD Supra Law

OCTOBER 26, 2021

Design Patent No. 668,091 (“the D091 Patent”) in a dispute between Sure Fit Home Products, LLC, SF Home Décor, LLC, Zahner Design Group, Ltd., On October 14, 2021, United States District Judge Lorna G. Schofield (S.D.N.Y.) construed the scope of U.S.

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JD Supra Law

SEPTEMBER 1, 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.

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JD Supra Law

OCTOBER 15, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents.

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Managing IP

OCTOBER 14, 2021

Counsel say the Federal Circuit’s decision could encourage design patent applicants to strive for broader claim language, among other things

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Patent Application Design Patent Designs Design 52

IAM Magazine

JANUARY 12, 2022

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs. International report

Design Patent 52

Design Patent Designs Design Patent Infringement 52

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

We are pleased that Seirus prevailed against Columbia’s claims of patent infringement,” said Christopher Marchese , trial counsel for Seirus and a principal in Fish’s Southern California office. On the eve of trial, Columbia withdrew one of the utility patents.

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Design Patent Designs Design Patent Infringement 68

LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. This case shows the importance of wisely choosing the claim language in design patent applications to balance scope with validity. to] a design in the abstract.”

Art 40

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JD Supra Law

OCTOBER 7, 2021

Mr. Potter participated in a panel discussion addressing “Anti-Counterfeiting: Enforcing Design Patents at the Border.” In numerous countries, customs and border officials stop imports of products (and in some cases exports) that infringe industrial design rights.

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JD Supra Law

SEPTEMBER 14, 2021

In simplictic terms, golf is a game played with a small, hard ball and a set of clubs on an outdoor course with 9 or 18 holes. The player tries to hit the ball into each of the holes in turn with the fewest possible strokes.

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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.

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IP Law 360

NOVEMBER 30, 2021

With recent World Intellectual Property Organization data indicating a worldwide increase in design patent filings, companies should bear in mind several tips for obtaining and benefiting from design patent protection in the U.S. and abroad, including pointers on key differences among jurisdictions, say Elizabeth Ferrill and Jeffrey Smyth at Finnegan

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JD Supra Law

AUGUST 26, 2021

The US Court of Appeals for the Federal Circuit reversed two decisions by the Patent Trial & Appeal Board (Board), finding that a soup company and soup dispenser manufacturing company failed to prove the unpatentability of two design patents covering can dispensers.

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Design Patent Designs Design Patent 52

JD Supra Law

OCTOBER 20, 2021

On October 4, in In re: SurgiSil, the Federal Circuit continued its trend of using the language of a design patent to limit the design. Unlike past cases, however, language in SurgiSil was used to limit the effectiveness of a reference cited against the design application.

Design Patent 52

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JD Supra Law

OCTOBER 14, 2021

Finding that the Patent Trial & Appeal Board (Board) applied an erroneous interpretation of claim scope, the US Court of Appeals for the Federal Circuit reversed a Board decision upholding an examiner’s rejection of a lip implant design patent as anticipated by a non-analogous art tool.

Design Patent 52

Design Patent Art Designs Design 52

JD Supra Law

AUGUST 30, 2021

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis.

Patent Infringement 52

Patent Infringement Design Patent Designs Design 52

IAM Magazine

JANUARY 12, 2022

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs. International report

Design Patent 40

Design Patent Designs Design Patent Infringement 40

IP Law 360

OCTOBER 20, 2021

Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo The recent Federal Circuit opinions in Campbell Soup v.

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Intellectual Property Design Patent Designs Design 40

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. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. §

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Design Patent Art Patent Application Designs 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. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. §

Design Patent 52

Design Patent Art Patent Application Designs 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.

Patent Application 52

Patent Application Design Patent Copying Designs 52

IP Law 360

AUGUST 5, 2021

The Patent Trial and Appeal Board has upheld the sole disputed claim in a General Motors patent covering a fender design, despite a judge's earlier comment that challenger LKQ Corp.'s s position was "rocking the whole world" she had about design patent cases

Design Patent 40

Design Patent Designs Design IP 40

IP Law 360

AUGUST 2, 2021

s bid to dismiss part of a design patent infringement claim raised by Converse Inc. in its lawsuit over high top sneaker designs, finding that the shoes' looks are similar enough to preserve Converse's claim at this time A Massachusetts federal judge on Monday denied Steve Madden Ltd.'s

Patent Infringement 40

Patent Infringement Design Patent Designs Design 40

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use. Analysis Analysis: Legal Research Litigation Patents Trademarks

Branding 52

Branding Brands Branding Design Patent 52

IAM Magazine

JANUARY 10, 2022

Lead counsel representing brands Oakley and Ugg explains how design rights help companies pursue copycats that have gotten savvier about trademark use. Analysis Analysis: Legal Litigation Patents Trademarks

Branding 52

Branding Brands Branding Design Patent 52

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”.

Art 52

Art Patent Application Design Patent Designs 52

43(B)log

DECEMBER 7, 2021

copyright design patent patent presentations trademarkMy presentation on jigsaw puzzles and intellectual property at the 2021 virtual Puzzle Parley is now up on YouTube. link].

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Intellectual Property Design Patent Designs Design 75

Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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IP Law 360

NOVEMBER 16, 2021

remain in settlement talks to resolve a patent infringement dispute over high-top sneaker designs, according to a Tuesday court filing, entering at least their fourth month of trying to resolve the suit Steve Madden and Converse Inc.

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JD Supra Law

AUGUST 23, 2021

Appeal from the Patent Trial and Appeal Board. Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between objective indicia of nonobviousness and patent claims are the same for design and utility patents. CAMPBELL SOUP COMPANY V.

Design Patent 52

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Managing IP

JUNE 11, 2021

In-house sources at four companies reveal best practices for broadening patents, navigating international filings and strengthening enforcement

Design Patent 52

Design Patent Designs Design Patent 52

The TTABlog

DECEMBER 17, 2021

Germain and Louise H Sitler provide some pre-Yuletide reading material with their new article, "The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Law," 21 Chi.-Kent Kenneth B.

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