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.

Copyright 80

Copyright Copyright Infringement Designs Design 80

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.

Designs 140

Designs Design Copyright Copyright Law 140

LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

JD Supra Law

DECEMBER 6, 2023

Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive product is ensuring its protection in the country where the company does, or intends to do, business. By: Mayer Brown

Designs 62

Designs Design Marketing Marketing 62

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.

Design Patent 134

Design Patent Patent Designs Design 134

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 64

Designs Design Registration Copyright 64

IP Law 360

NOVEMBER 30, 2023

A Chicago auto parts company shot back at arguments from major players in the automotive industry over how design patents should be litigated in the courts, teeing up its argument early next year in front of the full Federal Circuit that "designers do solve problems."

Design Patent 73

Design Patent Designs Design Litigation 73

JD Supra Law

DECEMBER 4, 2023

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries.

Trademark 68

Trademark Designs Design 68

JD Supra Law

NOVEMBER 17, 2023

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change official. By: Womble Bond Dickinson

Design Patent 70

Design Patent Patent Designs Design 70

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. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product? In contrast, FIG.

Intellectual Property 52

Intellectual Property Designs Design Patent Application 52

Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Design patents, however, are typically three-dimensional. This 2D vs. 3D distinction is critical when considering a design patent.

Design Patent 52

Design Patent Trademark Patent Registering Trademarks 52

Copyright Alliance

NOVEMBER 7, 2023

This week we’d like to introduce you to industrial designer Matthew Cunningham. He’s widely known for his “expertise in advanced vehicle design, brand futuring, and feature film concept design.”

Designs 66

Designs Design Copyright Branding 66

LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. Design patent filings in the U.S.

Design Patent 52

Design Patent Patent Designs Design 52

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.

Designs 145

Designs Design Art Registration 145

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

Registration 83

Registration Designs Design Patent 83

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.

Designs 72

Designs Design Branding Brands 72

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 Patent Application Patent Designs 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.”

Design Patent 141

Design Patent Patent Designs Design 141

JD Supra Law

OCTOBER 19, 2023

On September 26, 2023, the USPTO issued its millionth design patent. . The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. By: Quarles & Brady LLP

Design Patent 62

Design Patent Patent Designs Design 62

JD Supra Law

NOVEMBER 8, 2023

A perennial challenge in patenting is to both cover your product and block design-arounds. The competitor may have even carefully studied and actively designed around the claims. To a certain extent design-arounds can be foreclosed at the drafting stage, but not every design-around is foreseeable.

Designs 62

Designs Design Patent 62

JD Supra Law

NOVEMBER 17, 2023

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar.

Design Patent 62

Design Patent Patent Designs Design 62

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.

Designs 68

Designs Design Trademark Law Trademark 68

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.

Designs 127

Designs Design 127

JD Supra Law

SEPTEMBER 8, 2023

The law surrounding validity, infringement, claim construction, and damages in the design patent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes.

Design Patent 73

Design Patent Litigation Patent Patent Prosecution 73

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 ).

Non-Fungible Tokens 144

Non-Fungible Tokens Designs Design Intellectual Property 144

Likelihood of Confusion

MARCH 6, 2023

A long time ago, in a galaxy far, far away… in a May 2016 blog post entitled “Design Patents at the Supreme Court: A Picture is Worth…” we promised to follow up. The post Rogue phOne: A Design Wars Story appeared first on LIKELIHOOD OF CONFUSION™.

Design Patent 98

Design Patent Designs Design Patent 98

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.” A judge in one of those cases, Wepay v. 3 through 5.

Design Patent 98

Design Patent Patent Patent Infringement Designs 98

IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office said on Wednesday that it has created a separate bar for design patent practitioners, meaning those focused on ornamental designs don't have to meet the rigorous engineering and scientific requirements of the standard patent bar.

Design Patent 64

Design Patent Patent Designs Design 64

McKinsey Operations

AUGUST 19, 2022

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

Designs 135

Designs Design 135

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

Art 98

Art Patent Invention Designs 98

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.

Designs 126

Designs Design Art Law 126

McKinsey Operations

APRIL 10, 2023

The former Apple VP and University of California Design Lab director explains why leaders should take the “humanity-centered” approach and adopt sustainable technologies and business models.

Designs 115

Designs Design Technology Business 115

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.

Design Patent 59

Design Patent Patent Patent Application Designs 59

McKinsey Operations

MARCH 22, 2023

The ability to improve cost savings, sustainability, and consumer benefits has proven skinny design packaging to be a powerful tool to maximize product volume and performance.

Designs 102

Designs Design 102

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. First, they must be novel (i.e., Telflex, Inc.,

Design Patent 98

Design Patent Patent Designs Design 98

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

Design Patent 98

Design Patent Patent Designs Design 98