Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.

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Design Patent Designs Design Patent 89

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. Suppose your competitor indicates that their product is patent-pending. This will be tricky.

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Design Patent Patent Application Designs Design 52

IP Watchdog

JULY 18, 2023

The concerns voiced by witnesses and congress members today centered around harm and cost to consumers as a result of technological protection measures (TPMs) and increased use of IP tools such as design patents to thwart competition for after-market parts.

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Design Patent Designs Design Intellectual Property 98

JD Supra Law

FEBRUARY 2, 2023

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., Keystone Auto. GM Global Tech. Operations LLC.

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Design Patent Designs Design Patent 52

JD Supra Law

MARCH 1, 2023

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement examination of partial designs. Australia implemented a grace period for designs.

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Designs Design Design Patent Law 96

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. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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Design Patent Designs Design Patent 52

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. Let’s explore when it makes sense to pursue a product design patent.

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Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

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Design Patent Government Designs Design 62

IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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Registration Designs Design Intellectual Property 76

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Registration Designs Design Trademark 65

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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Designs Design Copyright Artistic Work 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

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Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

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Intellectual Property Designs Design Artwork 52

Patent Trademark Blog

OCTOBER 24, 2023

As suggested by the USPTO, one option is to wait to receive the Filing Receipt to make sure that your patent application has met the requirements for this program. Is there a fee for the first-time filer patent petition? No, there is no government fee for this particular petition.

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Patent Application Design Patent Designs Design 52

Patent Trademark Blog

OCTOBER 24, 2023

As suggested by the USPTO, one option is to wait to receive the Filing Receipt to make sure that your patent application has met the requirements for this program. Is there a fee for the first-time filer patent petition? No, there is no government fee for this particular petition.

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Patent Application Design Patent Designs Design 52

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Designs Design Patent Application Intellectual Property 52

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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Design Patent Designs Design Technology 52

Nelligan Law

AUGUST 4, 2023

The legal nuances surrounding trademarks, counterfeiting, collaborations, and the ever-expanding resale market fascinated me as I delved deeper into understanding the mechanisms that governed our beloved hobby. Sneaker companies invest substantial resources in designing unique logos, branding, and shoe designs.

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Law Intellectual Property Editing Branding 91

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 113

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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Design Patent Designs Design Graphic Design 109

LexBlog IP

AUGUST 14, 2023

With the surge in utility model and design patent applications in China, the role of Patent Evaluation Reports (PER) has become increasingly significant. The Double-Edged Sword of PER While PER can be a valuable asset for enforcing utility model or design patents, it also carries risks.

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Reporting Cease and Desist Patent Intellectual Property 52

IP Watchdog

APRIL 18, 2022

Patent and Trademark Office hosts its 15th annual Design Day taking a deeper look at the benefits of design patent protection and case law and legislative developments in that sector.

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Privacy IP Design Patent Designs 105

Patent Trademark Blog

OCTOBER 26, 2022

In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. for examples of enabling and nonenabling patents.

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Confidentiality Patent Patent Application Invention 96

Patent Trademark Blog

SEPTEMBER 5, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help. Are you selling a patented product or not? With design patents, the comparison is quite simple. Does your product look like the drawings in your design patent? Utility patents are trickier.

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Patent Design Patent Licensing Patent Application 52

IP Intelligence

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. In plain speak, the Russian government ostensibly used its invasion of Ukraine to declare war on patents from the 47 “unfriendly” countries, including the United States.

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Patent Intellectual Property Government Invention 96

Patently-O

FEBRUARY 5, 2024

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” Great A&P Tea Co. Supermarket Equip. 147, 156 (1950). John Deere Co.

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Law Public Domain Design Patent Invention 44

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Inventors can seek protection from their creations to the government to prevent the infringement of their ideas.

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Patent Inventor Invention Intellectual Property 92

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

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Intellectual Property False Advertising Designs Design 52

LexBlog IP

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. The decree effectively opens non-Russian patents to forced nationalization. It is unclear whether the decree will apply to all fields or industries.

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Intellectual Property Patent Government Invention 52

The IPKat

SEPTEMBER 28, 2021

This time, ‘The Outline’ (2021–2035) put forth the 15-year plan of China becoming a powerful intellectual property nation by 2035 with deeper participation in the global intellectual property governance: To attain these development goals, ‘The Outline’ (2021-2035) clarifies seven key tasks: 1. Organisational safeguards should be provided.

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Intellectual Property Invention Government Patent 76

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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Design Patent Designs Design Patent 52

More Than Your Mark

SEPTEMBER 3, 2021

Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents). Additionally, all patents have a limited life span: twenty years from the earliest effective filing date of a utility patent and fifteen years from the issuance of a design patent.

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Intellectual Property Patent Design Patent Designs 40

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Industrial Design Law. It also establishes the possibility of using other means of resolving design disputes, such as mediation. Patent Law.

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Law Designs Design Trademark 62

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. This can save a significant amount of USPTO government fees.

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Patent Application Patent Art Blogging 98

Biswajit Sarkar Copyright Blog

JULY 13, 2022

Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands. In light of this, each industrial design asset and the brand that markets it must be secured by intellectual property rights in the fashion sector. Role of IPR in Fashion. TRADEMARK.

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Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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Design Patent Designs Design Patent Application 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109