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 Designs Design Patent 68

JD Supra Law

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool.

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Design Patent Patent Application Designs Design 52

JD Supra Law

DECEMBER 15, 2023

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter.

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Design Patent Designs Design Patent Application 70

JD Supra Law

MARCH 21, 2023

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners

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Design Patent Designs Design Patent Application 52

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

IP Tech Blog

JANUARY 3, 2024

So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. As such, in terms of predictions for the coming year, the commencement of consultations on changes to the UK patent system in light of AI feels like a safe bet.

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Patent Application Inventor Patent Invention 62

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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Design Patent Designs Design Patent 114

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. applicants easier access to the U.S.

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Design Patent Designs Design Patent 144

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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Design Patent Designs Design Patent Application 98

JD Supra Law

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. By: Quarles & Brady LLP

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Designs Design Design Patent Intellectual Property 65

SpicyIP

AUGUST 29, 2024

Madras HC Remands Patent Application Back to IPO for Reconsideration By Md. Sabeeh Ahmad The Madras HC in a judgment this week has, on an appeal by Hendrickson USA (manufacturers of heavy-duty suspensions), remanded their patent application for “Axle Mount For Heavy-Duty Vehicle Brake System Components” back to the Patent Office.

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Invention Patent Application Art Patent 92

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

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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Design Patent Designs Design Art 130

LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. 29/491,550 (the ’550 application). 3d 1334 (Fed.

Design Patent 40

Design Patent Patent Application Designs Design 40

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. What is an original design?

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Design Patent Designs Design Patent 98

IP Law 360

JUNE 26, 2024

Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.

Design Patent 52

Design Patent Designs Design Intellectual Property 52

LexBlog IP

JANUARY 3, 2024

So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

IP Law 360

MAY 29, 2024

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

Design Patent 52

Design Patent Designs Design Patent 52

SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. The above patent application was filed in 2011.

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Designs Design Patent Patent Application 77

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

Patently-O

MARCH 11, 2024

First, the search result items are matched with related advertisements, and the search result items that have matched advertisements are designated in some way. However, at this initial step, the claim does not identify how the matching or designation occurs.

Patent Application 75

Patent Application Advertising Advertising Patent 75

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. How would a logo help get your design patent application allowed?

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Design Patent Designs Design Patent Application 52

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.

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Design Patent Designs Design Patent 59

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.

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Design Patent Designs Design Patent 52

JD Supra Law

DECEMBER 7, 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.

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Design Patent Designs Design Patent 65

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?

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Designs Design Design Patent Intellectual Property 52

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

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. In some cases, it may make sense to file both design and utility patent applications.

Patent Application 52

Patent Application Patent Invention Designs 52

JD Supra Law

APRIL 29, 2022

Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”. “The more you know, the less you need.” ?

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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.,

Design Patent 98

Design Patent Designs Design Patent 98

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

Patent Application 52

Patent Application Patent Intellectual Property Technology 52

JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

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Design Patent Designs Design Branding 75

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.

Design Patent 52

Design Patent Designs Design Patent 52

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.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

OCTOBER 12, 2021

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.

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Design Patent Art Designs Design 105

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 78

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Application Litigation Patent Prosecution Patent 52