IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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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. Telflex, Inc.,

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Design Patent Designs Design Patent 98

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 66

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

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. The latest briefs generally urged the en banc U.S.

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Design Patent Designs Design Patent 59

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 51

IP Watchdog

AUGUST 30, 2023

GM Global Technology Operations. That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.

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Design Patent Designs Design Patent 72

JD Supra Law

JULY 14, 2023

Teleflex on design patents. GM Global Technology Operations, Case No. The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents. LKQ Corporation v. 21-2348 (Fed. June 30, 2023) (per curiam). By: McDermott Will & Emery

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Design Patent Designs Design Patent 52

JD Supra Law

FEBRUARY 9, 2023

Addressing the standard for obviousness of design patents, the US Court of Appeals for the Federal Circuit, in a per curiam opinion, upheld the Patent Trial & Appeal Board’s finding that a challenged design patent was not obvious over the pre-KSR design patent obviousness test or anticipated.

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Design Patent Designs Design Patent 52

JD Supra Law

FEBRUARY 14, 2024

design patents. GM Global Technology Operations LLC, and Blue Gentian, LLC v. In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. The three 2023 opinions are Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., LKQ Corporation v. Tristar Products, Inc.

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Design Patent Designs Design Patent 66

IP Close Up

FEBRUARY 22, 2023

design patents are now being taken more seriously. Once an afterthought for IP rights filers, U.S. Several businesses that are based outside of the U.S. increased Continue reading

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LexBlog IP

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. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

JULY 13, 2023

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme Court’s 2007 decision in KSR v. Teleflex, 550 U.S. 398 (2007). In the case, captioned LKQ Corp.

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Design Patent Designs Design Patent 52

IP Tech Blog

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. Section 4.4.2 2014)??(?)???2815?).

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Design Patent Designs Design Patent 57

Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).”

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Design Patent Designs Design Patent 69

JD Supra Law

MAY 19, 2023

Just like utility patents, design patents can be found obvious under 35 U.S.C. § But the test for obviousness for design patents differs from the more familiar standards for utility patents. 103 by combining prior art references. By: Troutman Pepper

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Design Patent Designs Design Patent 52

IP Law 360

FEBRUARY 1, 2023

The Justice Department's Antitrust Division, a technology industry group and others have thrown their support behind a proposal to create a separate design patent bar at the U.S. Patent and Trademark Office, while two key intellectual property groups have pushed back on the idea.

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Design Patent Designs Design Intellectual Property 40

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. Section 4.4.2

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

JULY 5, 2023

For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. The Court has agreed to hear LKQ Corporation v.

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Design Patent Designs Design Patent 52

JD Supra Law

JULY 21, 2023

GM Global Technology Operations, LLC, Case No. LKQ Corporation, Keystone Automotive Industries, Inc. 21-2348 (U.S.

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Design Patent Designs Design Patent 52

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.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

LexBlog IP

OCTOBER 17, 2022

Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products. Design patents strike a fair balance in terms of IP protection versus cost. Design patents strike a fair balance in terms of IP protection versus cost.

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Design Patent Designs Design Intellectual Property 52

JD Supra Law

MAY 14, 2024

Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment of a design—and LKQ Corp. GM Global Technology Operations LLC, in which oral arguments were held on February 5, 2024, and relating to the appropriate legal standard for design patent obviousness.

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Designs Design Design Patent Technology 58

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. By: AEON Law

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

IP Watchdog

MAY 8, 2022

It is fitting to see the USPTO giving attention to protecting design innovation in new and emerging technologies since, as Director Vidal noted, design patents have been shown to provide a “catalyst for growth” and a “competitive edge” for U.S. manufacturers.

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Designs Design Design Patent Technology 105

IP Watchdog

MARCH 15, 2024

one of America’s oldest continuously-operated patent practices founded and operated by a woman patent attorney, is seeking a registered U.S. patent attorney, preferably with a proven track record in patenting software, artificial intelligence (AI), convolutional network, medical devices, and other electrical technologies.

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LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. To register a design patent, your game’s design must be novel and non-obvious.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

IP Law 360

SEPTEMBER 20, 2023

Teleflex decision should apply to design patents in the pending Federal Circuit LKQ v. GM Global Technology case because both utility and design patents are subject to the same prohibition against obviousness, say Alexander Chen and Katja Grosch at InHouse Co. The principles of the U.S. Supreme Court's KSR v.

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Designs Design Design Patent Patent 40

IPilogue

MAY 30, 2022

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

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. The difference between a mere picture and a design patent is simply the embodiment of design in an “article of manufacture”.

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Design Patent Designs Design Technology 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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IP Watchdog

FEBRUARY 19, 2024

Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger. On February 5, 2024, the U.S.

Designs 59

Designs Design Design Patent Patent 59

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. §

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Design Patent Designs Design Patent Application 57

JD Supra Law

DECEMBER 3, 2021

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a series of utility and design patents held by Shenzhen Smoore Technology Limited.

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Marketing Marketing Design Patent Designs 55