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Design Patent Related Topics 
Patent Trademark Blog
MARCH 16, 2022
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.
IP Watchdog
NOVEMBER 9, 2022
In recent weeks, the emphasis by the United States Patent and Trademark Office (USPTO) on reconsidering and reforming patent bar eligibility, especially with regard to a potential design patent bar, represents a significant challenge to well-established Patent Office procedures.
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Patent Trademark Blog
JULY 11, 2022
Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. So how do you challenge a design patent application?
IP Watchdog
JUNE 23, 2022
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.
JD Supra Law
JUNE 10, 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.
Patent Trademark Blog
APRIL 26, 2022
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.
Patently-O
FEBRUARY 23, 2022
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.
Patently-O
JUNE 20, 2022
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
Patent Trademark Blog
MARCH 7, 2022
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?
Patent Trademark Blog
APRIL 21, 2022
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?
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.
Patent Trademark Blog
FEBRUARY 24, 2022
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.
IP Tech Blog
AUGUST 22, 2022
Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. The Outlook for Design Protection of Metaverses in China.
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?
IAM Magazine
NOVEMBER 2, 2022
According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application
Patently-O
JUNE 22, 2022
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.
IP Law 360
NOVEMBER 30, 2022
An Illinois federal judge has cleared fast food giant McDonald's of claims that its mobile app infringes a patent-holding company's user interface design, saying he couldn't imagine how the two designs could be confused
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?
JD Supra Law
MARCH 25, 2022
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.
JD Supra Law
NOVEMBER 7, 2022
Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.”
Patently-O
FEBRUARY 7, 2022
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
JD Supra Law
APRIL 29, 2022
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.”.
IAM Magazine
SEPTEMBER 30, 2021
The design patent system is evolving rapidly in China. Supplement article
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. A design patent has several advantages over a utility patent.
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.
JD Supra Law
FEBRUARY 23, 2022
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?
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].
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?
JD Supra Law
JUNE 14, 2022
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.
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.
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
MARCH 18, 2022
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.
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
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
MARCH 2, 2022
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.
LexBlog IP
AUGUST 22, 2022
Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. The Outlook for Design Protection of Metaverses in China.
JD Supra Law
OCTOBER 18, 2022
Background - Tech companies of every kind use graphic user interfaces (“GUI”) as a powerful differentiator of products, user experience, and branding. Companies are smart to leverage GUIs.
Patently-O
APRIL 27, 2022
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.
Patently-O
SEPTEMBER 2, 2022
2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. Columbia’s Design Patent No.
JD Supra Law
FEBRUARY 16, 2022
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.,
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