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. Acquiring Design Patents.

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Design Patent Designs Design Patent 134

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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Design Patent Designs Design Patent 144

JD Supra Law

JANUARY 23, 2025

The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. The court issued five opinions involving U.S.

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Design Patent Designs Design Patent 66

JD Supra Law

JANUARY 29, 2025

2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant advances and heralding greater global harmonization.

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Designs Design Design Patent Law 75

JD Supra Law

JANUARY 28, 2025

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug. 6, 2024) and Hangzhou Taihe Trading v.

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Design Patent Designs Design Patent 66

Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch.

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Design Patent Designs Design Patent 141

IP Law 360

JUNE 27, 2025

A swimming pool design patent owner wants the full Federal Circuit to rethink a panel's refusal to revive allegations that Latham Pool Products infringed the patent, challenging the "problematic" test used in the case.

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Design Patent Designs Design Patent 52

JD Supra Law

MAY 5, 2025

By: BakerHostetler

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Design Patent Designs Design Patent 58

Patent Trademark Blog

NOVEMBER 11, 2024

When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US applicant will have 6 months from the US design patent application to file any foreign design patent applications.

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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. In re Surgisil, LLP , — 4th — ( Fed.

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Design Patent Designs Design Patent 141

JD Supra Law

APRIL 28, 2025

The US Court of Appeals for the Federal Circuit recently issued a decision that highlights a risk in design patent prosecutionspecifically, attempting to claim priority to a utility application. Ironically, the same utility application used for priority was then cited as prior art to reject the design. By: Morgan Lewis

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Design Patent Designs Design Patent 61

JD Supra Law

MARCH 25, 2025

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. Looking back at last years design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers.

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Design Patent Designs Design Patent 61

JD Supra Law

SEPTEMBER 18, 2024

Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent law. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs. By: Bennett Jones LLP

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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. A request for comments (RFC) was also published in October 22.

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Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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JD Supra Law

JUNE 10, 2025

By: ArentFox Schiff

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IP Watchdog

JUNE 23, 2022

Design Patent No. D779,828 (‘828 patent) invalid. The district court held the ‘828 patent to be invalid for reasons of functionality and obviousness.

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Design Patent Designs Design Patent 122

IP Law 360

MAY 20, 2025

GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies. It's been one year since the full Federal Circuit's LKQ v.

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Design Patent Designs Design Patent 52

IP Watchdog

NOVEMBER 17, 2024

Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. And on Friday, November 15, I received my official patent in the mail.

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Design Patent Designs Design Patent 52

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.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

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Design Patent Designs Design Patent 98

IP Close Up

DECEMBER 3, 2024

In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading

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JD Supra Law

AUGUST 12, 2024

Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” design patents.

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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.

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Design Patent Designs Design Patent 119

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

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Design Patent Designs Design Patent 98

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.

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JD Supra Law

DECEMBER 24, 2024

Article 27(2) of the Chinese Patent Law provides that the relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. The brief description may be used to explain the design of the product as shown in the.

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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.

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Design Patent Designs Design Patent 98

JD Supra Law

JUNE 10, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. 35 USC section 171. By: Weintraub Tobin

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Design Patent Designs Design Patent 98

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

IP Law 360

NOVEMBER 22, 2024

Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of design patents.

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Design Patent Designs Design Intellectual Property 98

IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which 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. Patent D855,508 covers a “vehicle front skid bar.”

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Design Patent Designs Design Patent 119

JD Supra Law

FEBRUARY 23, 2023

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%.

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Design Patent Designs Design Patent 98

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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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 Designs Design Patent 104

JD Supra Law

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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Design Patent Designs Design Patent 98

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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IP Law 360

NOVEMBER 19, 2024

Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated. Intellectual property law groups and Apple Inc. have recommended that the U.S.

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