Long-awaited changes for Australian designs receive Royal Assent

The IPKat

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.

AG Øe advises that partial designs may be protected as unregistered designs

The IPKat

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.

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How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

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).

How to Protect Your Fashion Designs

Art Law Journal

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.

Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

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.

Most Common Design Patents 1842-2021

Patently-O

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.

Obviousness of a Design Patent

Patently-O

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.

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts

SpicyIP

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.

Understanding design patent protection

IAM Magazine

The design patent system is evolving rapidly in China. Supplement article

How Do I License My Creative Design?

Art Law Journal

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

What do dashed lines in a design patent mean?

Patent Trademark Blog

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.

Standard character vs design mark trademark applications

Erik K Pelton

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

Form versus Function – Protecting Products with Design and Utility Patents

Trademark, Copyright, and Unfair Competition Law B

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.

Creator Spotlight with Fashion Designer Kate Pankoke

Copyright Alliance

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 […].

Industrial Designs - Why Should You Protect Your Unique Designs?

Canadian Intellectual Property Blog

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.

A table and a table coaster that shaped EU design law

The IPKat

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.

Trademark on Product Design: Are these biscuit sticks functional

Patently-O

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.

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Patent Law Blog

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.

How to Protect Your Fashion Designs

Art Law Journal

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.

The Overlap Of Intellectual Properties In Product Design

JD Supra Law

intellectual property are available for product designs such as design patents, trade dress, and copyrights; these intellectual properties may exist simultaneously to provide overlapping rights. Significant resources are invested to bring a product or service to market.

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Trademark, Copyright, and Unfair Competition Law B

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.

Essential Tips for UX Designer Portfolios

Art Law Journal

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.

Form versus Function – Protecting Products with Design and Utility Patents

Patent Law Blog

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 for Architectural Designs

Art Law Journal

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.

Copyright for Architectural Designs

Art Law Journal

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.

Industry Snapshot: Design Patents for Animal Products (April–June 2021)

JD Supra Law

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.

What is your design patent probability of success?

Patent Trademark Blog

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?

Most Popular Design Patent Articles of Manufacture

Patently-O

This moving chart shows the most popular "article of manufacture" claims in US Design Patents since the 1970s. pic.twitter.com/Wcy5c1ITAq. — Dennis Crouch (@patentlyo) September 11, 2021. Patent

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them. By: Morgan Lewis

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

JD Supra Law

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents.

Design Patent Term: 3½, 7, 14, and now 15 years?

Patently-O

New design patents have a term of 15 years from patent issuance — that is a 1 year bump from the 14 year term familiar to many patent attorneys. The original design patent Act of 1840 included a 7 year term.

Design Protection: Don’t Sleep on Copyrights

JD Supra Law

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

Coffee capsules, reels and vacuum cleaner bags:  Can you protect the industrial design of components?

Garrigues Blog

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Designs

Three reasons why the SurgiSil design patent case is important

Managing IP

Counsel say the Federal Circuit’s decision could encourage design patent applicants to strive for broader claim language, among other things

No Soup for You! Partial Display Design Patent Found Obvious

JD Supra Law

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist between that evidence and the design’s merits. .

Design Protection: Don’t Sleep on Copyrights

LexBlog IP

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result.

Importance of the Article of Manufacture for Determining Design Claim Scope

JD Supra Law

Summary: A design patent claiming the design of an article of manufacture cannot be anticipated by the design for a different article of manufacture. IN RE: SURGISIL, L.L.P. Before Moore, Newman, and O’Malley. Appeal from the Patent Trial and Appeal Board.

What You Need to Know About, and Why You Need, Design Patents

JD Supra Law

If your company designs and manufactures unique consumer products, then you likely already know about patents. But you may not know about design patents. You might even have a utility patent for one or more of your products. By: Harness, Dickey & Pierce, P.L.C.

4 Key Takeaways - Anti-Counterfeiting: Enforcing Design Patents at the Border

JD Supra Law

Mr. Potter participated in a panel discussion addressing “Anti-Counterfeiting: Enforcing Design Patents at the Border.” In numerous countries, customs and border officials stop imports of products (and in some cases exports) that infringe industrial design rights.

How patent’s priority affects the protection of industrial designs

Garrigues Blog

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. To quote the famous Canadian designer Robert L. Peters, and I add my voice to his clear-sighted reflections on the subject: “Design creates culture.

Design Patent Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture

JD Supra Law

Finding that the Patent Trial & Appeal Board (Board) applied an erroneous interpretation of claim scope, the US Court of Appeals for the Federal Circuit reversed a Board decision upholding an examiner’s rejection of a lip implant design patent as anticipated by a non-analogous art tool.

App icons are the new trademarks: ten conditions for strong designs and protection

WIPO Magazine

Zeeger Vink, IP Director at MF Brands Group (Lacoste) offers tips on what companies need to do to optimize app design and protection Smartphones have revolutionized the interaction between consumers and brands.

false designation claim doesn't require distinctiveness, court wrongly holds

43(B)log

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Passing off: MiTek argued that Simpson didn’t plead inherent or acquired distinctiveness, and Simpson responded that the Lanham Act protects even generic marks from “false designation of origin.” [You Simpson Strong-Tie Company Inc. MiTek Inc.,