43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

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Design Designs Copyright Infringement Marketing 64

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Design Patent Design Designs Patent 117

McKinsey Operations

MARCH 6, 2023

Design thinking is a systemic, intuitive, customer-focused problem-solving approach that organizations can use to respond to rapidly changing environments and to create maximum impact.

Design 139

Design Designs 139

JD Supra Law

JUNE 26, 2024

May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents. GM Global Technology Operations L.L.C. By: Strafford

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Design Patent Design Designs Patent 104

Biswajit Sarkar Copyright Blog

JULY 21, 2022

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. To protect designs , it has to be registered under the Designs Act, 2000.

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Design Designs Branding Brands 98

The IPKat

JUNE 20, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. As regards the recast Designs Directive, Member States shall bring into force the laws, regulations etc.

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Design Designs Law Journalism 67

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. This transience raises even larger questions about whether such designs qualify.

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JD Supra Law

AUGUST 12, 2024

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

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Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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Design Patent Design Designs Art 128

Olartemoure Blog

JANUARY 9, 2024

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. La entrada Infographic | The designated gatekeepers se publicó primero en OlarteMoure | Intellectual Property.

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Design Designs Advertising Advertising 105

The IPKat

MARCH 8, 2022

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here.

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Design Designs Copyright Law 141

JD Supra Law

JUNE 20, 2024

Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications.

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Design Patent Design Designs Patent 66

JD Supra Law

JUNE 19, 2024

Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable results in Inter Partes Reviews (“IPRs”) and Post Grant Reviews (“PGRs”) than utility patents. For example, the institution rate for design patents is about 38% compared to roughly 65% for utility patents.

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Design Patent Design Designs Patent 63

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar.

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Design Patent Publishing Design Designs 122

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Design Designs Patent 134

IP Law 360

JUNE 3, 2024

The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.

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Design Patent Design Designs Patent 98

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Design Designs Copyright Copyright Infringement 93

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”). In August, Advocate General (AG) Øe advised the Court to answer that partial designs may indeed be protected under UCD rights.

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JD Supra Law

AUGUST 1, 2024

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. One way to protect the look and feel of your company’s products is with a design patent. By: McAfee & Taft

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Design Patent Design Designs Intellectual Property 66

JD Supra Law

JULY 26, 2024

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224). By: Weintraub Tobin

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IP Law 360

SEPTEMBER 3, 2024

s design patent and that McCain Foods' own fry design patent was invalid, but also found that J.R. After a seven-day trial in Idaho federal court, a jury found that McCain Foods USA Inc. willfully infringed its frozen french fry rival J.R. Simplot Co.'s Simplot should not collect any damages from the infringement.

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Design Patent Design Designs Patent 52

JD Supra Law

JULY 30, 2024

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. Still, trends. By: Quarles & Brady LLP

Design 68

Design Designs Intellectual Property Law 68

Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. Functionality : Design patents focus on ornamentality rather than utility. Although the design must be ornamental, it is simultaneously a “design for an article of manufacture.”

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Design Patent Design Designs Patent 141

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.

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Design Designs Art Law 130

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Design Designs Art Trademark Law 80

JD Supra Law

AUGUST 16, 2024

Many life sciences stakeholders are familiar with “traditional” designation programs operated by the Food and Drug Administration (FDA) in exercising its medical product authorities, such as the orphan drug designation and breakthrough therapy/breakthrough device designation programs. By: Mintz - Health Care Viewpoints

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Design Designs 66

JD Supra Law

FEBRUARY 15, 2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

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Design Designs Design Patent Law 71

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

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Christopher Roser

JANUARY 3, 2023

This idea can be extended to product design, aiming for a product that gives the customer a perfect experience. The post Omotenashi in Product Design first appeared on AllAboutLean.com. But even in Japan, it means something else: it is the aim for perfection with a customer. The Word Omotenashi The word omotenashi.

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JD Supra Law

MAY 24, 2024

In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents.

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Design Designs Design Patent Patent 68

JD Supra Law

JULY 19, 2024

A recent Federal Circuit decision overturning the long-standing obviousness test for design patents could have wide-ranging implications for design patent owners. The en banc decision in LKQ Corp.

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Design Patent Design Designs Patent 63

JD Supra Law

MAY 24, 2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. Teleflex Inc. LKQ Corporation et al.

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Design Patent Design Designs Patent 108

McKinsey Operations

DECEMBER 8, 2022

Design matters—and not just in good times. CEOs who embrace design can enhance strategy and better navigate this age of volatility.

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Design Designs 127

The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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IP Law 360

MAY 21, 2024

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

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Design Patent Design Designs Patent 105

JD Supra Law

JUNE 6, 2024

GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent obviousness, jettisoning decades-old precedent and loosely outlining a design patent obviousness test that aligns with the standard for utility patents.

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Design Patent Design Designs Patent 66

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

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