IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

Design Patent 78

Design Patent Designs Design Patent 78

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

Design Patent 68

Design Patent Designs Design Patent Application 68

Patent Trademark Blog

DECEMBER 12, 2022

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. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

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. computer screen, monitor, computer display system, mobile phone screen, virtual reality/augmented reality goggles), or a portion thereof, satisfies the article of.

Design Patent 65

Design Patent Designs Design Patent 65

JD Supra Law

DECEMBER 15, 2023

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.

Design Patent 70

Design Patent Designs Design Patent Application 70

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub). The proposal appears to not affect those already registered to practice.

Design Patent 74

Design Patent Designs Design Graphic Design 74

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.

Design Patent 52

Design Patent Patent Application Designs Design 52

JD Supra Law

NOVEMBER 20, 2023

Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces.

Design Patent 70

Design Patent Designs Design Patent 70

JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

Design Patent 52

Design Patent Designs Design Patent 52

IP Watchdog

SEPTEMBER 15, 2023

This week in Other Barks & Bites: the CAFC issues a precedential ruling in a design patent win for Columbia Sportswear; the country’s biggest tech CEOs testify before Congress on the state of artificial intelligence (AI) in the United States; the Federal Trade Commission releases a policy statement charging that brand pharmaceutical companies (..)

Design Patent 59

Design Patent Designs Design Patent 59

LexBlog IP

FEBRUARY 4, 2022

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

Design Patent 52

Design Patent Designs Design Intellectual Property 52

JD Supra Law

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.

Designs 65

Designs Design Design Patent Intellectual Property 65

JD Supra Law

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.

Designs 62

Designs Design Design Patent Patent Application 62

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. Apple v Samsung changed perceptions.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

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.

Designs 52

Designs Design Design Patent Intellectual Property 52

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

Design Patent 58

Design Patent Designs Design Patent Application 58

TorrentFreak

MARCH 31, 2024

The initial findings cover copyright, design, patent, and trademark issues, but mindful of our niche, our coverage here is mostly limited to the former. “For example authors writing ‘copyright infringement’ when referring to case about trade mark or designs, and vice versa,” the IPO writes.

Reporting 98

Reporting IP Intellectual Property Publishing 98

LexBlog IP

JUNE 29, 2023

I am a co-author of this paper with my fellow AIPLA committee colleagues, who each provided perspectives on AR/VR as it relates to the Metaverse and in view of current utility and design patent law. The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

Patent Trademark Blog

OCTOBER 26, 2022

There a few options to file a confidential US patent application. First, US design patent applications are not published. So a US design patent will be made public if and when it’s granted. Second, US provisional patent applications are not published.

Confidentiality 96

Confidentiality Patent Patent Application Invention 96

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.”

Designs 40

Designs Design Design Patent Artistic Work 40

The IPKat

DECEMBER 5, 2021

Copyright This Kat put a lot of effort to find the perfect gift The Kluwer Copyright Blog published a compilation of analyses regarding the transposition of article 17 of the DSM Directive from Germany, Hungary, Italy and Sweden, as well as their respective issues, as presented as a part of a webinar organized by reCreating Europe project team.

Blogging 67

Blogging IP Intellectual Property Publishing 67

The IPKat

FEBRUARY 27, 2022

Design patents are hard to get, hard to defend even if you do get them, and hard to recover. These are a few of the claims a recent article from PatentlyO tackled while defending design patents - the US-counterpart for design rights.

Blogging 76

Blogging IP Design Patent Designs 76

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

Inventor 77

Inventor Art Designs Design 77

LexBlog IP

FEBRUARY 15, 2024

As outlined in our previous post , securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. The information in this blog post was adapted from an article published by Liu, Shen & Associates. So, Now What?

Designs 52

Designs Design Law Intellectual Property 52

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.

Designs 67

Designs Design Design Patent Inventor 67

Technology & Marketing Law Blog

JANUARY 21, 2024

This is a design patent SAD Scheme case. Patents (whether utility or design) are ill-suited for the SAD Scheme because the AIA Invents Act raised the bar on joinder in ways that conflict with the SAD Scheme. Schedule A Defendants , 1:23-cv-04587 (N.D. This is one of many maddening corner-cuts that plague the N.D.

Copyright 78

Copyright Design Patent Trademark Designs 78

Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. (Note: I have previously criticized Judge Pacold for providing online SAD Scheme templates that encourage plaintiffs to make factually threadbare filings). Alibaba SAD Scheme Cases Are Always Troubling–Betty’s Best v.

Patent 85

Patent Patent Troll Blogging Trademark 85

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

MARCH 6, 2023

This post was originally published on Seyfarth’s The Blunt Truth blog. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here.

Litigation 52

Litigation Patent Design Patent Patent Application 52

LexBlog IP

JANUARY 14, 2022

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). Mechanical and business method petitions are second, biopharma petitions third, chemical petitions fourth and finally, design patent petitions last.

Settlement 52

Settlement Design Patent Designs Design 52

Technology & Marketing Law Blog

MARCH 8, 2024

Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested. Alibaba SAD Scheme Cases Are Always Troubling–Betty’s Best v.

Trademark Law 99

Trademark Law Trademark IP Blogging 99

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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.

Designs 52

Designs Design Inventor Design Patent 52

The IPKat

FEBRUARY 6, 2022

The IPWatchdog published an article discussing controversial aspects of state compulsory ebook and audiobook licensing from a legal and policy perspective, bearing in mind the supremacy of the US Copyright Act over state laws. PatentlyO posted on the US Utility Patent Applications Allowance Rate followed by a quick analysis of the results.

Blogging 78

Blogging IP Designs Design 78

Art Law Journal

JUNE 30, 2022

For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so. There are two types of patents. Design patents.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

More Than Your Mark

AUGUST 27, 2021

A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published). Patent owners have the exclusive right to make, use, or sell the invention covered by the claims of their patent. There’s no need to renew or maintain a copyright. What Is a Trademark?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Patently-O

JANUARY 20, 2023

He died with over thirty patents to his name. To support his business, he initially published catalogs for mail-order electrical components, but the catalogs soon morphed into full-sized magazines with titles like “Modern Electrics, ” marketed to inventors and amateur “tinkerers.” Readers loved it, and Amazing Stories was born.

Patent Law 95

Patent Law Law Inventor Patent 95