Why changes to China’s design patent law are a big deal
Managing IP
JUNE 10, 2021
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
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Amici for IP and Auto Industries Tell Full CAFC to Stick with What Works on Design Patents
IP Watchdog
OCTOBER 30, 2023
Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.
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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
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. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).
Obviousness Test for Design Patents Unchanged
The IP Law Blog
FEBRUARY 2, 2023
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. To be patentable, however, both designs and functional inventions must satisfy two requirements.
China: Design Patents and the Metaverse
IP Tech Blog
AUGUST 22, 2022
In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.
What do dashed lines in a design patent mean?
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.
China: Design Patents and the Metaverse
LexBlog IP
AUGUST 22, 2022
In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent.
What is a Design Patent?
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. Design patents protect only the appearance of the article, not any aspect of functionality.
Can you file a design patent continuation application?
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.
Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
LexBlog IP
OCTOBER 12, 2021
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. § ” [6]. ” [6]. ” [6].
Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
IP Intelligence
OCTOBER 12, 2021
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]
Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality Technologies
LexBlog IP
JUNE 29, 2023
I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The authors include Barrett Spraggins, David Pointer, George Raynal, and Ryan Phelan.
A Seller’s Guide to Navigating Intellectual Property Law on Amazon
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.
Scrub Daddy Says To Wipe That Smile Off Your Sponge
IP Law 360
JANUARY 18, 2024
The startup behind a brand of smiling sponges that claims to be "the most successful business to appear on 'Shark Tank'" is turning to trademark and design patent law to go after similarly grinning products from a newer rival.
When Is Trade Secret Protection the Right Choice?
The IP Law Blog
JANUARY 18, 2024
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.”
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New Procedural Developments in the Field Of Industrial Law in Spain
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. Trademark Law. Industrial Design Law. Patent Law. For further information, please contact the author.
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A September CLE in Salt Lake City with Dennis, Me, and Other Important People!
Patently-O
AUGUST 7, 2021
By David Hricik, Mercer Law School. Mike Bohn (VLP Law Group LLP): Surviving, Pivoting, and Thriving in the Changing Global IP Marketplace. Dan Tanner (Tanner IP PLLC): The Ethics of Educating Clients about Patent Vulnerabilities – a Litigator’s Perspective.
How Many Patents By Patent Attorney: How to Search
Patent Trademark Blog
JANUARY 12, 2023
Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled. How to Check If A Lawyer Is A Patent Attorney.
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Protecting the Product™: Typefaces and Fonts
LexBlog IP
OCTOBER 4, 2022
While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Design Patents. Design Patent No. Design Patent No. Design Patent No.
Article of Manufacture Requirement in the US
IP and Legal Filings
AUGUST 27, 2022
To satisfy the basic requirement of gaining a design patent, the applicants must truly depict that the design must be for an article of manufacture or it must be embodied in such an article of manufacture. Therefore, it is essential to consider this requisite while granting such a patent.
Is a Patent Worth Your Money and Time?
Patent Trademark Blog
JUNE 15, 2023
How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Would a design patent be worth your money and time?
China Accedes to the Hague Convention and Now Allows for International Design Filings
IP Tech Blog
FEBRUARY 9, 2022
China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.
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Navigating Partial Design Rejections in China
LexBlog IP
NOVEMBER 21, 2023
As outlined in our previous post , on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Therefore, for the time being, it is very important for patent practitioners to be thoughtful when filing partial design patent applications in China.
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Computer-Generated Electronic Images & The Article of Manufacture Requirement: The USPTO Declines to Extend Subject Matter Eligibility to “Disembodied” Designs
LexBlog IP
DECEMBER 18, 2023
In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.”
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Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages
LexBlog IP
NOVEMBER 15, 2022
As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. At bottom are two annotated versions of a figure from U.S.
When is the best time to file a patent?
Patent Trademark Blog
JANUARY 29, 2024
When is the second best time to apply for patents? If you have already publicly disclosed your invention, the second best time to file patents would be within one year of your earliest public disclosure date. US patent laws give inventors a 1-year grace period to apply for US patents. Need to file a patent quickly?
What are the intellectual property rights for startups?
Biswajit Sarkar Copyright Blog
JANUARY 16, 2024
Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. Copyright law grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations.
Understanding Patent Evaluation Reports in China
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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When Is Trade Secret Protection the Right Choice?
LexBlog IP
JANUARY 18, 2024
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention.
China Joins the Hague International Design System for the International Registration of Industrial Designs
LexBlog IP
FEBRUARY 15, 2022
On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] 1] See [link]. [2] 2] See , [link].
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SpicyIP Weekly Review (February 27-March 4)
SpicyIP
MARCH 6, 2023
[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other IP developments. Important IP cases that we’re missing out on? Other IP Developments Court orders jail for two Maiden Pharma execs for exporting substandard drugs to Vietnam.
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Ho, Ho, Ho and Fa-La-La-La-La: Christmas Patents
The IP Law Blog
DECEMBER 8, 2022
There are some patents that do not describe complicated inventions. One such patent is a design patent for an artificial Christmas tree. design patent no. The problem with this patent is that it would be fairly easy to design around by changing the arrangement of the layers or the number of slats.
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China Accedes to the Hague Convention and Now Allows for International Design Filings
LexBlog IP
FEBRUARY 9, 2022
China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.
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Proposed Changes to U.S. Patent Practice: Creation of a Design Patent Practitioner Bar
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.
How to Protect Software as Intellectual Property
LexBlog IP
DECEMBER 6, 2021
When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings.
My Word! Design Patents on a Typeface
LexBlog IP
FEBRUARY 14, 2023
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. What’s more common than the written word?
News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)
The IPKat
SEPTEMBER 28, 2021
the number of high-value invention patents per 10,000 population) will be presented clearly and fulfilled timely. China has three types of patents: invention patents, utility model patents and design patents. See Article 2 of the Patent Law of China (2020 Amendment).
The Design Law Treaty and the Struggle for International Harmonization of Industrial Design Protection
Patently-O
APRIL 12, 2024
By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. Throughout this time, it has been difficult to implement almost any global IP treaty because of major north-south divides. In the US, these are design patent rights. negotiating position.
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A Beginner’s Guide to Patenting Software and AI
IPilogue
JANUARY 10, 2022
Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series.
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MERRY CHRISTMAS!
The IP Law Blog
DECEMBER 21, 2023
Every year, I write about patents that have to do with Christmas. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. Here are a few I have found, some of which were issued in 2023 and others of which are older.
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District Court Dismiss Inequitable Conduct Claim Alleging Inferred Knowledge of Prior Art Based on Wide Spread Availability
The IP Law Blog
APRIL 14, 2022
Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S.
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WIPIP session 7: Design Law
43(B)log
FEBRUARY 3, 2024
Christine Haight Farley, Design Authenticity Book project, still shaping up. Case study of George Nelson’s bubble lamp (mid-century modern design), how TM law creates new design rights. Nelson was second design director of Herman Miller Co. Stiffel: invalidated patent on another midcentury modern lamp.
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