Expert insights. Personalized for you.
the Federal Circuit considered the Patent Trial and Appeal Board’s application of objective indicia to design patent claims. In Campbell Soup Co. Gamon Plus, Inc., MORE
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. § MORE
Counsel say the Federal Circuit’s decision could encourage design patent applicants to strive for broader claim language, among other things MORE
The design patent system is evolving rapidly in China. Supplement article MORE
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 The U.S. MORE
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. MORE
Unidentified Patent Holder v. Judge Kennelly ordered unidentified plaintiff (Doe Plaintiff) to show cause why the patent case should not be dismissed. The case was different in two important respects: 1) plaintiff sought to file anonymously; and 2) the asserted IP was a design patent, instead of a trademark. Additionally, the Court ordered Doe Plaintiff to show cause as to how it could file a single patent suit against 200+ defendants for selling unrelated products. MORE
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. MORE
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. MORE
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. MORE
In-house sources at four companies reveal best practices for broadening patents, navigating international filings and strengthening enforcement MORE
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? MORE
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”. MORE
Copyright Litigation Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patentsOn Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [.]. MORE
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 MORE
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. MORE
Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. MORE
Patent Trade Dress Functionality Design patents functionality trade dress Utility patentsFor our weekly SoCal IP Institute meeting on Monday, August 2, 2021 we will discuss the following: The intersection between the three types of IP protection available for products. As set forth by the Supreme Court in the TrafFix case in 2001 (here), product configuration cannot be protected as trade dress if the product feature [.]. MORE
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. MORE
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 MORE
Copyright Design Patent Trademark Bombay High Court Delhi High Court Madhya Pradesh High Court Madras High CourtThe End of the IPAB and Lessons on Concentration of Judicial Powers. An image saying ‘Every end is a New Beginning’ (image from here ). MORE
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. MORE
Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. MORE
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. MORE
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 MORE
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. MORE
Once you’ve interacted with the IPO, whether it be applying for a design, calling our information centre or searching for similar trade marks, you’ll be asked to take part in a survey, as shown below. Copyright Design Patents Renewals Trade marks User research MORE
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]. MORE
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. MORE
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 MORE
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 MORE
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 MORE
Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Design Patent New Litigation Patent Infringement Trade Dress MORE
Litigation Patent Sanctions Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patentsOn Monday, August 12, Michael Harris will conduct a discussion of two cases, one dealing with the prior art status of a printed publication, and the other about unclean hands as a defense to trademark infringement. The 2021, Ninth Circuit case of Metal Jeans, Inc. Metal Sport, Inc. case here) is the unclean hands case. [.]. MORE
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…. MORE
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. MORE
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. MORE
Mironova then allegedly filed intellectual property complaints against its storefront on Amazon.com fraudulently claiming infringement of her patent rights and copyrights. The parties agreed to judgment on the pleadings holding a key patent invalid. design patent false advertising MORE
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal. MORE
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. MORE
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. MORE
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon. MORE
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. § MORE
Design Patent Related Topics 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].
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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
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.
IAM Magazine
SEPTEMBER 30, 2021
The design patent system is evolving rapidly in China. Supplement article
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.
JD Supra Law
AUGUST 12, 2021
Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever.
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
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.
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
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?
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
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.
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.
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.
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….
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.
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.
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.
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.
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. §
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. §
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.
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”.
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.
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
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
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.
Managing IP
JUNE 11, 2021
In-house sources at four companies reveal best practices for broadening patents, navigating international filings and strengthening enforcement
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
JD Supra Law
SEPTEMBER 2, 2021
the Federal Circuit considered the Patent Trial and Appeal Board’s application of objective indicia to design patent claims. In Campbell Soup Co. Gamon Plus, Inc.,
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 The U.S.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon.
Indiana Intellectual Property Law
AUGUST 13, 2021
Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Design Patent New Litigation Patent Infringement Trade Dress
SpicyIP
SEPTEMBER 5, 2021
Copyright Design Patent Trademark Bombay High Court Delhi High Court Madhya Pradesh High Court Madras High CourtThe End of the IPAB and Lessons on Concentration of Judicial Powers. An image saying ‘Every end is a New Beginning’ (image from here ).
IP Watchdog
OCTOBER 11, 2021
Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant.
Intellectual Property Office Blog
MAY 5, 2021
Once you’ve interacted with the IPO, whether it be applying for a design, calling our information centre or searching for similar trade marks, you’ll be asked to take part in a survey, as shown below. Copyright Design Patents Renewals Trade marks User research
CoCal IP Law Institute
AUGUST 13, 2021
Litigation Patent Sanctions Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patentsOn Monday, August 12, Michael Harris will conduct a discussion of two cases, one dealing with the prior art status of a printed publication, and the other about unclean hands as a defense to trademark infringement. The 2021, Ninth Circuit case of Metal Jeans, Inc. Metal Sport, Inc. case here) is the unclean hands case. [.].
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.
CoCal IP Law Institute
JULY 29, 2021
Patent Trade Dress Functionality Design patents functionality trade dress Utility patentsFor our weekly SoCal IP Institute meeting on Monday, August 2, 2021 we will discuss the following: The intersection between the three types of IP protection available for products. As set forth by the Supreme Court in the TrafFix case in 2001 (here), product configuration cannot be protected as trade dress if the product feature [.].
43(B)log
AUGUST 10, 2021
Mironova then allegedly filed intellectual property complaints against its storefront on Amazon.com fraudulently claiming infringement of her patent rights and copyrights. The parties agreed to judgment on the pleadings holding a key patent invalid. design patent false advertising
CoCal IP Law Institute
AUGUST 5, 2021
Copyright Litigation Trademark TTAB Use in Commerce Damages Design patents functionality trade dress Utility patentsOn Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [.].
Chicago IP
MAY 7, 2021
Unidentified Patent Holder v. Judge Kennelly ordered unidentified plaintiff (Doe Plaintiff) to show cause why the patent case should not be dismissed. The case was different in two important respects: 1) plaintiff sought to file anonymously; and 2) the asserted IP was a design patent, instead of a trademark. Additionally, the Court ordered Doe Plaintiff to show cause as to how it could file a single patent suit against 200+ defendants for selling unrelated products.
52 
Let's personalize your content