JD Supra Law

FEBRUARY 23, 2022

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design.

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Patent Application Design Patent Designs Design 96

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? US government fees are based on the size of the applicant.

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Design Patent Designs Design Patent Application 98

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. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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Design Patent Designs Design Patent 98

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Federal Circuit’s 2023 Decision. Patent D657,093. Swisa, Inc. ,

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Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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JD Supra Law

FEBRUARY 3, 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. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

LexBlog IP

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. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Biswajit Sarkar Copyright Blog

JULY 21, 2022

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

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Biswajit Sarkar Copyright Blog

JULY 9, 2022

The term “design” has been defined in Section 2(d) of the Designs Act, 2000 as the features of shape, configuration, pattern, ornament or composition of lines or colours applied on an article that is either two or three dimensional or both. Criteria for design registration.

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Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

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The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

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IP Law 360

JUNE 22, 2022

The Federal Circuit on Wednesday upheld a lower court's decision invalidating a retailer's design patent on reusable and foldable shopping bags, agreeing that the disputed invention is obvious and functional.

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Design Patent Designs Design Patent 74

LexBlog IP

JUNE 9, 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. The design must be a design for a specific article; it cannot exist independently of the article.

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The IP Law Blog

JUNE 9, 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. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

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More Than Your Mark

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. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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Intellectual Property Designs Design Invention 98

Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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Invention Inventor Patent Intellectual Property 125

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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Intellectual Property Law Blog

AUGUST 30, 2021

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) Some examples include specially designed hardware to improve training efficiency by working with GPU/TPU/NPU/xPU (e.g., 1) Training phase. 4) Robustness, safety, reliability, and data privacy of AI models.

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Invention Patent Privacy Inventor 242

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 57

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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The IP Law Blog

MARCH 9, 2023

Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. In other words, Defendant argued that alleging a method is used in the design of a product is distinct from alleging that the method is used in the manufacture of the product.

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Designs Design Patent Patent Infringement 98

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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Designs Design Trademark Copyright 52

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.

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LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues. an AI] prompt.

Invention 52

Invention Inventor Patent Patent Application 52

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Microsoft v.

Designs 117

Designs Design Patent Invention 117

JD Supra Law

OCTOBER 12, 2021

Utility patent protection is available for inventions that are useful, novel, and nonobvious. 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. Other layers of U.S.

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Intellectual Property Designs Design Design Patent 55

TraskBritt Intellectual Property

MAY 18, 2021

patent law further divides patents into three different types: utility, design, and plant patents. However, each type of patent covers distinct concepts of functionality, design, and botany. Utility patents are generally more expensive than design or plant patents. Design patents. Utility patents.

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Designs Design Design Patent Patent 52

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. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Design Patent Designs Design Patent 60

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? This rule applies to both utility and design patent applications. 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. Be careful though.

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Patently-O

MARCH 26, 2024

Brady for an improved dredge boat design. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. The case addressed the validity of a patent granted to Edwin L.

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Invention Art Patent Designs 57

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Invention Inventor Patent Application Designs 52

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

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IP Watchdog

OCTOBER 1, 2023

In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. PERA is no doubt an ambitious bill.

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Invention Patent Designs Design 137

IP Law 360

SEPTEMBER 23, 2022

A Delaware federal judge slimmed down an interior designing app owner's copyright suit against Target on Friday over three-dimensional decorating technology, axing claims that Target copied the look of its invention since the competing tools are "visually distinct."

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