Expert insights. Personalized for you.
This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. MORE
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. MORE
From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”) issues for construction and design professionals. MORE
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. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs. MORE
In our increasingly digital world, UX designers are some of the most sought-after creative talents out there. The post Essential Tips for UX Designer Portfolios appeared first on Art Business Journal. MORE
The design patent system is evolving rapidly in China. Supplement article MORE
If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function. MORE
It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. MORE
In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. The case was based on equivalent provisions of French law, implementing the Design Directive 98/71/EC. MORE
At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. Intellectual Property Rights Industrial Designs India Renewal design MORE
If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function. MORE
What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. What can reduce your chances of success in a design patent application? The post What is your design patent probability of success? MORE
While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. The Dusseldorf Court of First Instance declared the designs invalid. MORE
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. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. MORE
This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. by Dennis crouch. MORE
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. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs. MORE
Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. MORE
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. MORE
Obviousness of a design patent is governed by 35 U.S.C. 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. MORE
Licensing a creative design can provide you with additional income, branding and partnership opportunities. The post How Do I License My Creative Design? Here we review what licensing is and how to do it. appeared first on Art Business Journal. Finances licensing freelance MORE
Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors. On December 1, 2021, RefleXion Medical, Inc. RefleXion”), announced that the U.S. MORE
Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it. MORE
This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). by Dennis Crouch. link]. This is a remake of a video I made a few weeks ago. To make the chart, I used a 14 year rolling average. MORE
The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. The Novelty of Any Design is Important for its Registration. MORE
Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Design Search Procedure. MORE
It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. The post Copyright for Architectural Designs appeared first on Art Business Journal. MORE
We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. MORE
The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Also, it is expected that the proposal will codify the interpretative rulings of the Court of Justice on design law issues, such as the ‘ informed user ’. MORE
Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right. MORE
This week we’d like to introduce you to Project Runway All Star and award-winning designer, Kate Pankoke. Kate is the current owner of Elaya Vaughn by Kate Pankoke, a designer driver […]. MORE
Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. MORE
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. MORE
One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC MORE
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal. MORE
A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch. MORE
Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1). MORE
In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). As such, it is a short leap to requiring visibility for all categories of designs. MORE
It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. Steve Schlackman. MORE
While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). MORE
What is a design patent continuation application? This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. Can a child design patent application claim priority to a parent utility application? Yes, you can file a child design patent application based on a parent utility nonprovisional application. MORE
The post Video Editing and Motion Graphics Design: Creative Hobby to Creative Career appeared first on Art Business Journal. Jobs career transition design educationVideo editing and motion graphics go hand in hand—after all, they are both rooted in storytelling. MORE
The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. MORE
Under the Design Act of 2000 in India, copying of a registered design is considered an Infringement of Design. The provisions pertaining to the piracy of registered designs in India are contained in Section 22 of the Designs Act, 2000. MORE
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon. MORE
Design Related Topics Selvam & Selvam Blog
NOVEMBER 11, 2021
At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. Intellectual Property Rights Industrial Designs India Renewal design
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Design Search Procedure.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
Under the Design Act of 2000 in India, copying of a registered design is considered an Infringement of Design. The provisions pertaining to the piracy of registered designs in India are contained in Section 22 of the Designs Act, 2000.
The IPKat
NOVEMBER 7, 2021
In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). As such, it is a short leap to requiring visibility for all categories of designs.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure.
Olartemoure Blog
OCTOBER 11, 2021
Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1).
The IPKat
DECEMBER 21, 2021
While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. The Dusseldorf Court of First Instance declared the designs invalid.
Biswajit Sarkar Copyright Blog
NOVEMBER 30, 2021
The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. The Novelty of Any Design is Important for its Registration.
The IPKat
AUGUST 2, 2021
Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.
Patent Trademark Blog
JANUARY 5, 2022
What is a design patent continuation application? This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. Can a child design patent application claim priority to a parent utility application? Yes, you can file a child design patent application based on a parent utility nonprovisional application.
Art Law Journal
JANUARY 13, 2022
The post Video Editing and Motion Graphics Design: Creative Hobby to Creative Career appeared first on Art Business Journal. Jobs career transition design educationVideo editing and motion graphics go hand in hand—after all, they are both rooted in storytelling.
The IPKat
JANUARY 15, 2022
This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive.
The IPKat
SEPTEMBER 14, 2021
Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.
SpicyIP
JULY 27, 2021
We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon.
Patently-O
AUGUST 23, 2021
Obviousness of a design patent is governed by 35 U.S.C. 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.
JD Supra Law
SEPTEMBER 1, 2021
It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States.
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. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.
Patently-O
SEPTEMBER 19, 2021
This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). by Dennis Crouch. link]. This is a remake of a video I made a few weeks ago. To make the chart, I used a 14 year rolling average.
Trademark, Copyright, and Unfair Competition Law B
MAY 7, 2021
If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function.
Copyright Alliance
AUGUST 10, 2021
This week we’d like to introduce you to Project Runway All Star and award-winning designer, Kate Pankoke. Kate is the current owner of Elaya Vaughn by Kate Pankoke, a designer driver […].
Art Law Journal
AUGUST 11, 2021
Licensing a creative design can provide you with additional income, branding and partnership opportunities. The post How Do I License My Creative Design? Here we review what licensing is and how to do it. appeared first on Art Business Journal. Finances licensing freelance
Patently-O
OCTOBER 6, 2021
This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. by Dennis crouch.
The IPKat
JANUARY 10, 2022
The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Also, it is expected that the proposal will codify the interpretative rulings of the Court of Justice on design law issues, such as the ‘ informed user ’.
Erik K Pelton
JUNE 24, 2021
One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC
Biswajit Sarkar Copyright Blog
OCTOBER 23, 2021
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.
JD Supra Law
DECEMBER 14, 2021
Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors. On December 1, 2021, RefleXion Medical, Inc. RefleXion”), announced that the U.S.
Canadian Intellectual Property Blog
JUNE 15, 2021
Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.
Patent Law Blog
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. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.
JD Supra Law
JANUARY 21, 2022
From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”) issues for construction and design professionals.
IAM Magazine
SEPTEMBER 30, 2021
The design patent system is evolving rapidly in China. Supplement article
Trademark, Copyright, and Unfair Competition Law B
AUGUST 6, 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. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.
Patently-O
JULY 30, 2021
A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch.
Art Law Journal
JANUARY 21, 2021
It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. The post Copyright for Architectural Designs appeared first on Art Business Journal.
Art Law Journal
JANUARY 21, 2021
It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. Steve Schlackman.
Patent Law Blog
AUGUST 13, 2021
If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function.
The IPKat
SEPTEMBER 3, 2021
In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. The case was based on equivalent provisions of French law, implementing the Design Directive 98/71/EC.
Patent Trademark Blog
JUNE 10, 2021
What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. What can reduce your chances of success in a design patent application? The post What is your design patent probability of success?
Biswajit Sarkar Copyright Blog
OCTOBER 23, 2021
When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.
Art Law Journal
FEBRUARY 9, 2021
In our increasingly digital world, UX designers are some of the most sought-after creative talents out there. The post Essential Tips for UX Designer Portfolios appeared first on Art Business Journal.
JD Supra Law
AUGUST 12, 2021
Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever.
72 
Let's personalize your content