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What are the requirements for getting a design patent?

Patent Trademark Blog

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected.

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Foreign Businesses are Taking U.S. Design Patents Seriously, including Swatch, Midea and Philips

IP Close Up

design patents are now being taken more seriously. Samsung automobile industry Design Patent 100 design patents Ford Harrity & Harrity Hyundai intellectual property Midea Nike patent data Philips Porsche Sterne Kessler Swatch Technology

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. What is the cost to file a US design patent application with a priority claim?

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My Word! Design Patents on a Typeface

JD Supra Law

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products.

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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.

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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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Moving Toward a Design Patent Bar – Progress in the IP Community

IP Watchdog

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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[Video] Webinar | The Basics of Design Patents

JD Supra Law

Design patents are a crucial component of a comprehensive IP protection plan. Unlike utility patents, which protect the way a product functions, design patents protect the way a product looks.

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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.

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How to Challenge a Design Patent Application

Patent Trademark Blog

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?

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2022 Design Patents Year in Review: Analysis and Trends: PTAB: Odds of Escaping Challenges Remain Steady for Design Patents, Despite First Instituted Challenge to Design Patent for Graphical User Interface

JD Supra Law

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents.

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2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

JD Supra Law

design patents: three precedential opinions and three unprecedential opinions. In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S.

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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.

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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

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Noteworthy Matters on Partial Design Patent Application

JD Supra Law

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system.

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2022 Design Patents Year in Review: Analysis and Trends: US District Courts: A Busy Year for Design Patents, Including a $17M Jury Verdict

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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2022 Design Patents Year in Review: Analysis and Trends: ITC: Design Patents Continue to Outperform on Obtaining Remedies at the International Trade Commission

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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Design Patents are Heating Up at the Federal Circuit

JD Supra Law

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc.

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Obviousness Test for Design Patents Unchanged

The IP Law Blog

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. 398, does not alter the existing test for obviousness of a design.

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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.

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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?

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Obviousness Test for Design Patents Unchanged

JD Supra Law

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware.

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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?

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Understanding design patent protection

IAM Magazine

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

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Understanding design patent protection

IAM Magazine

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

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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.

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China: Design Patents and the Metaverse

IP Tech Blog

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.

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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

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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?

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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.

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How can I use design patent rocket docket?

Larson & Larson

Patent applications are critical to innovation and intellectual property protection, yet they can often be expensive, complex, and time-consuming to process. Fortunately, there is an increasingly popular alternative: the Design Patent Rocket Docket. This docket can dramatically reduce the time it takes to process a design patent application, making it easier for inventors to protect their valuable intellectual property.

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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.

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Design Patent Holders Rejoice, but Challengers Face an Uphill Battle

JD Supra Law

Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that governs design patents in LKQ Corp.,

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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?

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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.”.

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KSR Does Not Extend to Design Patents (Yet)

JD Supra Law

Addressing the standard for obviousness of design patents, the US Court of Appeals for the Federal Circuit, in a per curiam opinion, upheld the Patent Trial & Appeal Board’s finding that a challenged design patent was not obvious over the pre-KSR design patent obviousness test or anticipated.

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2022 Design Patents Year in Review Analysis & Trends

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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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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Attempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed

JD Supra Law

Recently, the Federal Circuit affirmed a finding of non-obviousness from the Patent Trial and Appeal Board (PTAB) of a design patent owned by GM.

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Design Patent Protection Remains a Valuable Tool for Automotive Manufacturers

JD Supra Law

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of manufacture.”.

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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?

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My Word! Design Patents on a Typeface

LexBlog IP

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products.

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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.