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].

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

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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.

Understanding design patent protection

IAM Magazine

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

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.

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.

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

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.

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

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?

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

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.

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.

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.

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….

Art 52

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.

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.

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.

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. §

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. §

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.

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

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

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

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

PTAB Strategies and Insights - August 2021: For Partial Design Patents and Utility Patents Alike, Reliance on Objective Indicia Requires Evidence of a Nexus to the Unique Claimed Features

JD Supra Law

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.,

Art 52

Other Barks & Bites for Friday, August 20: CAFC Reverses PTAB on Soup Dispenser Design Patent Claims, FTC Files New Antitrust Suit Against Facebook and David Berdan Steps in for Coke Stewart in Performing USPTO Deputy Director Role

IP Watchdog

Music 86

CAFC Reverses PTAB Patentability Finding in Campbell Soup Dispenser Case

IP Watchdog

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 99

How to Protect Your Fashion Designs

Art Law Journal

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.

Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement

Indiana Intellectual Property Law

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 Weekly Review (August 30 – September 5)

SpicyIP

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 ).

In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

IP Watchdog

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.

Art 62

Closing the loop on your feedback

Intellectual Property Office Blog

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

IP 83

Prior Art Status of Printed Publications and Unclean Hands in TM Infringement

CoCal IP Law Institute

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 43

How to Protect Your Fashion Designs

Art Law Journal

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.

SoCalIP Law Institute Weekly Meeting – August 2, 2021 – The Intersection of Trade Dress and Patents

CoCal IP Law Institute

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 [.].

IP 43

trolling over gnomes--no, really--on Amazon

43(B)log

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

Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

CoCal IP Law Institute

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 [.].

Plaintiff Must Justify Anonymous Patent Suit Filing

Chicago IP

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.