LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

Design Patent 52

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IP Law 360

JUNE 22, 2022

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.

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Design Patent Designs Design Patent 74

IP Law 360

MARCH 26, 2024

Supreme Court to weigh in on a federal circuit's ruling that created a new standard for how courts should review challenges to design patents, which was won by rival Oregon clothing giant Columbia Sportswear. A sportswear company wants the U.S.

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LexBlog IP

OCTOBER 6, 2021

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”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct.

Design Patent 52

Design Patent Designs Design Patent Law 52

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. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Design Patent Designs Design Patent 60

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. Be careful though.

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JD Supra Law

JUNE 28, 2022

the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. In Junker v. Medical Components, Inc.,

Invention 98

Invention Design Patent Contracts Patent Application 98

TraskBritt Intellectual Property

MAY 18, 2021

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents. Design patents.

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Designs Design Design Patent Patent 52

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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Intellectual Property Designs Design Invention 98

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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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.” Although case applied pre-1952 law, the reminder here is poignant.

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Law Public Domain Design Patent Invention 44

JD Supra Law

OCTOBER 12, 2021

Utility patent protection is available for inventions that are useful, novel, and nonobvious. intellectual property are available for product designs such as design patents, trade dress, and copyrights; these intellectual properties may exist simultaneously to provide overlapping rights. Other layers of U.S.

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Intellectual Property Designs Design Design Patent 56

IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

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Designs Design Intellectual Property Design Patent 62

IPilogue

MAY 30, 2022

Claire La Mantia is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Intellectual Property Patent Infringement Patent Design Patent 112

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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Patent Application Invention Graphic Design Design Patent 98

Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce. A patent is for the design of a brand-new invention.

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Invention Patent Intellectual Property Law Inventor 40

Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce. A patent is for the design of a brand-new invention.

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Invention Patent Intellectual Property Law Inventor 40

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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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent?

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Patent Inventor Invention Intellectual Property 92

JD Supra Law

JULY 14, 2022

Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention if it has been for sale for over one year prior to the patent filing. A medical device patentee has asked the U.S. By: Knobbe Martens

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The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Patently-O

NOVEMBER 21, 2023

By Sarah Burstein, Professor of Law at Suffolk University Law School USPTO Notice, 88 FR 80277 (Nov. In it, the USPTO reaffirmed its prior interpretation of the phrase “design for an article of manufacture” and did not—as many had hoped—expand its interpretation of that phrase.

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Design Patent Designs Design Patent Application 57

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory.

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Patent Law Law Inventor Patent 94

The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

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Patent Invention Design Patent Designs 40

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”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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JD Supra Law

MAY 17, 2023

The United States Patent & Trademark Office (USPTO or PTO) recently announced proposed changes to certain fees it charges with respect to patent applications, design patents, and America Invents Act (AIA) trials.

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LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

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43(B)log

JANUARY 27, 2023

8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Stiles alleged that it sold knockoff razors instead, infringing her patents, violating trademark and antitrust law, and interfering with her economic interests. The remaining design patent claims also failed.

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False Advertising Design Patent Designs Design 59

Larson & Larson

JULY 13, 2023

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

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Trademark Patent Invention Intellectual Property 40

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Utility and Design Patents.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

AUGUST 14, 2023

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers.

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Reporting Cease and Desist Patent Intellectual Property 52

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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Patently-O

OCTOBER 19, 2021

Guest Post by Sarah Burstein , Professor of Law at the University of Oklahoma College of Law. 171 provides for the grant of patents for designs for articles of manufacture, not designs in the abstract. Professor Crouch is correct that this holding means that the scope of § 102 prior art for designs is limited.

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Patently-O

DECEMBER 6, 2022

By Sarah Burstein , Professor of Law at Suffolk University Law School. In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. LKQ Corporation v. GM Global Technology Operations LLC , No.

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Patently-O

JUNE 20, 2022

Guest Post by Sarah Burstein , Professor of Law at the University of Oklahoma College of Law. 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. Wepay Global Payments LLC v.

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Design Patent Designs Design Patent 98