How to Get a Better Design Patent

Patent Trademark Blog

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A narrow patent, in contrast, is easier to design around.

CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness. On June 22, the U.S.

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What is a Design Patent?

JD Supra Law

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.

Animated Design Patents

Patently-O

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. Patent No. So what does this patent cover? Patent

Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. You can own a patent and still infringe someone else’s patent.

How can an Amazon seller use design patents?

Patent Trademark Blog

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. When should Amazon sellers consider filing design patents?

Design Patent: Invalid as Unduly Functional

Patently-O

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. ” I.e., typically a design for a useful item.

Design patent failures: What can go wrong?

Patent Trademark Blog

What are common design patent failures? Filing a design patent application doesn’t seem very complicated. A design filing seems so simple. Let’s explore some common design patent failures. Want to avoid design patent failures?

Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Is that all there is to design patent infringement?

Should you protect your product with a design patent?

Patent Trademark Blog

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent.

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.

Can a design patent show a specific material or composition of matter?

Patent Trademark Blog

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?

What is a Design Patent?

The IP Law Blog

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. A design patent has several advantages over a utility patent.

What is a Design Patent?

LexBlog IP

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.

The Rise of Design Patents in the Last Decade

JD Supra Law

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy.

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?

Why Design Patents Make Sense for Online Marketplace Sellers

JD Supra Law

Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”.

Recent Trends in Article of Manufacture of Design Patent Claims: GUIs Remain King

JD Supra Law

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S.

China’s Rise in U.S. Design Patent System

Patently-O

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. Patent

Understanding design patent protection

IAM Magazine

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

Priority for Foreign Filing of Design Patent Applications

JD Supra Law

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. Can you file a design patent application?

Federal Circuit Affirms Ax Of Reusable Bag Design Patent

IP Law 360

The Federal Circuit on Wednesday upheld a lower court's decision invalidating a retailer's design patent on reusable and foldable shopping bags, agreeing that the disputed invention is obvious and functional

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].

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?

Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

JD Supra Law

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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.

Industry Snapshot: Design Patents for Animal Products (April–June 2021)

JD Supra Law

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.

2021 Design Patents Year in Review: Analysis and Trends

JD Supra Law

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures.

Guest Post: Old Designs, New Design Patents

Patently-O

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new. As we explained in our law professor comments , designs for “magic lantern” projections go back at least as far as the 17th century.

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

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

2021 Design Patents Year in Review: Analysis and Trends: Patent Trial and Appeal Board: Design Patents Continue to Escape Challenges

JD Supra Law

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020.

Rowing Machine Design Patent Infringement Battle Kicks Off in Delaware

JD Supra Law

manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. On February 14, 2022, Hydrow, Inc.,

Fighting against bad-faith design patent filings in China

IAM Magazine

Two cases demonstrate the importance of a proactive filing strategy to prevent bad-faith design patent applications being granted to infringers producing similar products.

Fighting against bad-faith design patent filings in China

IAM Magazine

Two cases demonstrate the importance of a proactive filing strategy to prevent bad-faith design patent applications being granted to infringers producing similar products.

2021 Design Patents Year in Review: Analysis and Trends: Introduction - 2021 Design Patents Year in Review: Analysis and Trends

JD Supra Law

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures.

2021 Design Patents Year in Review: Analysis and Trends: US International Trade Commission: Design Patents Outperform on Obtaining GEOs

JD Supra Law

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.”

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

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

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….