JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

Design Patent 114

Design Patent Designs Design Patent 114

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

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Design Patent Designs Design Patent 68

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. 2d 388 (1982).

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

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JD Supra Law

FEBRUARY 9, 2024

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design.

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Design Patent Designs Design Patent 68

JD Supra Law

FEBRUARY 8, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. In particular, the U.S.

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JD Supra Law

SEPTEMBER 20, 2023

GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. By: ArentFox Schiff

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JD Supra Law

FEBRUARY 23, 2023

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%.

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JD Supra Law

OCTOBER 19, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. . By: Quarles & Brady LLP

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JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

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JD Supra Law

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?

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Design Patent Designs Design Patent 98

IP Law 360

APRIL 7, 2023

Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining design patents are invalid as obvious, arguing the court is treating design patents more like trademarks than utility patents, thus making invalidations nearly impossible.

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Design Patent Designs Design Patent 98

JD Supra Law

NOVEMBER 17, 2023

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change official. By: Womble Bond Dickinson

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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JD Supra Law

FEBRUARY 28, 2023

design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on design patents issued by the Federal Circuit both involved appeals that originated at the Patent Office), all three precedential opinions in 2022 involved appeals that originated from district courts.

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IP Law 360

SEPTEMBER 26, 2023

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

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JD Supra Law

FEBRUARY 12, 2024

There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary judgment decisions, and even multiple jury trials. 2023 was another busy year for district court decisions!

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Design Patent Designs Design Patent 70

JD Supra Law

OCTOBER 4, 2023

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law

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JD Supra Law

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. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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JD Supra Law

FEBRUARY 14, 2024

The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. And of those 356 investigations, 187 cases proceeded to Final Determination.

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JD Supra Law

FEBRUARY 28, 2023

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 Patent Designs Design Patent 98

JD Supra Law

JUNE 10, 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. 35 USC section 171. By: Weintraub Tobin

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Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

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Design Patent Designs Design Patent 52

IP Law 360

OCTOBER 27, 2023

The automotive industry is urging the full Federal Circuit to keep the test for obviousness in design patents as is, saying in a series of amicus briefs that the law is predictable and stable.

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Design Patent Designs Design Patent 72

JD Supra Law

FEBRUARY 28, 2023

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.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

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JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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JD Supra Law

NOVEMBER 17, 2023

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar.

Design Patent 62

Design Patent Designs Design Patent 62

IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office said on Wednesday that it has created a separate bar for design patent practitioners, meaning those focused on ornamental designs don't have to meet the rigorous engineering and scientific requirements of the standard patent bar.

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Design Patent Designs Design Patent 64

JD Supra Law

SEPTEMBER 26, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Last week, in a precedential decision, the U.S. In the decision, captioned Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., 2021-2299, 21-2338 (Sept.

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JD Supra Law

FEBRUARY 5, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex, 550 U.S. 398 (2007), which significantly broadened the obviousness inquiry for utility.

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Design Patent Designs Design Patent 68

IP Law 360

AUGUST 28, 2023

The blanket-like sweatshirt company that grew out of a "Shark Tank" pitch has lost two of its design patents in Arizona federal court after accusing a rival of infringement and then losing a priority date ruling that turned its own "Comfy" sweatshirts into patent-invalidating prior art.

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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 90

JD Supra Law

FEBRUARY 2, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Design Patent Designs Design Patent 75

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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Design Patent Designs Design Patent 59

JD Supra Law

NOVEMBER 17, 2023

The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a computer-generated electronic image per se or a computer-generated electronic image shown on a display panel (e.g.,

Design Patent 65

Design Patent Designs Design Patent 65

JD Supra Law

DECEMBER 7, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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