Can you file a design patent continuation application?

Patent Trademark Blog

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?

Most Common Design Patents 1842-2021

Patently-O

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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What do dashed lines in a design patent mean?

Patent Trademark Blog

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.

Obviousness of a Design Patent

Patently-O

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.

Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

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

Understanding design patent protection

IAM Magazine

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

Choose the Words of Your Design Patent Applications Carefully

JD Supra Law

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

What is your design patent probability of success?

Patent Trademark Blog

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?

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

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

Most Popular Design Patent Articles of Manufacture

Patently-O

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.

Design Patent Term: 3½, 7, 14, and now 15 years?

Patently-O

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

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

JD Supra Law

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….

Curtain Wars Continue – Judge Schofield Construes Design Patent Claim Term

JD Supra Law

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.

What You Need to Know About, and Why You Need, Design Patents

JD Supra Law

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.

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

JD Supra Law

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

Three reasons why the SurgiSil design patent case is important

Managing IP

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

Supreme People’s Court reaches first administrative decision on GUI design patent infringements

IAM Magazine

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

Fish & Richardson Secures Favorable Jury Verdict for Seirus in Design Patent Battle Against Columbia Sportswear

Fish & Richardson Trademark & Copyright Thoughts

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.

Choose the Words of Your Design Patent Applications Carefully

LexBlog IP

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

4 Key Takeaways - Anti-Counterfeiting: Enforcing Design Patents at the Border

JD Supra Law

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.

Industry Snapshot: Design Patents For Golf Club Heads (August 2021)

JD Supra Law

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.

No Soup for You! Partial Display Design Patent Found Obvious

JD Supra Law

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.

5 Considerations For Obtaining Design Patents In US, Abroad

IP Law 360

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

Objective Indicia of Nonobviousness for Design Patents: Same Nexus Requirement as Utility Patents

JD Supra Law

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.

“Words Matter” Trend Continues, Applying to Design Patent’s Prosecution Prior Art

JD Supra Law

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 Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture

JD Supra Law

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.

When Trademarks and Design Patents Intersect: Making Waves in Columbia v. Seirus

JD Supra Law

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.

Supreme People’s Court reaches first administrative decision on GUI design patent infringements

IAM Magazine

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

4 Practical Pointers For Litigating A Design Patent Case

IP Law 360

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.

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

IP Intelligence

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. §

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

LexBlog IP

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. §

What You Need to Know About, and Why You Need, Design Patents

LexBlog IP

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.

PTAB Upholds GM Design Patent In Fender IP Dispute

IP Law 360

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

Steve Madden Can't Trim Converse Shoe Design Patent Claim

IP Law 360

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

Why the Illinois Northern District has become a hotbed of design patent injunctions

IAM Magazine

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

Why the Illinois Northern District has become a hotbed of design patent injunctions

IAM Magazine

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

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

LexBlog IP

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

A talk on jigsaw puzzles and intellectual property

43(B)log

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].

Why changes to China’s design patent law are a big deal

Managing IP

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

Converse, Steve Madden Eye Shoe Design Patent Settlement

IP Law 360

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.

No Special Standards for Nexus of Objective Indicia Apply to Design Patents

JD Supra Law

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.

Four ways in-house hone solid design patent strategies

Managing IP

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

Recommended Reading: Germain and Sitler, "The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws"

The TTABlog

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.