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.

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Intellectual Property Law Blog

OCTOBER 11, 2022

Even though the analysis could have stopped at Step 2A Prong One, the Board also held that “the claims of the current application include specific features that were specifically designed to achieve an improved technological result” and “provide improvements to that technical field” (under Step 2A Prong Two). In In re Appl.

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JD Supra Law

DECEMBER 4, 2024

According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. By: Linda Liu & Partners

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Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? What exactly is a patent publication?

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Design Patent Patent Application Publishing Designs 52

Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective.

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Patent Application Patent Invention Design Patent 97

The IPKat

NOVEMBER 13, 2024

In a recent CIPA webinar, Alexander Klenner-Bajaja of the EPO explained how the EPO leverages AI tools to support examiners, increasing productivity and improving the quality of patent searches. We learnt that at the core of the EPO’s AI integration are several specialised tools designed to streamline the search process.

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JD Supra Law

JUNE 13, 2025

Patent and Trademark Office (USPTO) has announced that, as of July 10, 2025, it will discontinue accepting petitions under the Accelerated Examination (AE) program for utility patent applications. However, petitions under the AE Program will continue to be accepted for design patent applications.

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Patent Application Design Patent Patent Designs 61

IP and Legal Filings

MAY 24, 2025

To counteract these developments, the Controller General of Patents, Designs, and Trademarks Office (CGPDTM) has updated the CRI Guidelines, originally published in 2017. The new draft of the CRI Guidelines, published in 2025, is designed to make India’s patent regime keep in line with these developing technologies.

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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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SpicyIP

OCTOBER 19, 2024

Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. The title of the patent application itself seems to indicate that this method is for ‘therapeutic purposes and diagnosis.’

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JD Supra Law

JUNE 10, 2025

On April 22, 2025, the Federal Circuit issued a decision In re: Bonnie Iris McDonald Floyd that underscores a critical and often overlooked risk in design patent prosecution: relying on a utility patent application for priority.

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Patently-O

JANUARY 4, 2025

The petition, filed by former Minerva Surgical area sales director Dan Peterson, argues that the company’s patent application for an improved surgical device directly contradicted testimony it later gave in whistleblower retaliation arbitration proceedings. The USPTO ultimately granted the patent (No.

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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 112

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

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

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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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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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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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 Designs Design Patent 98

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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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 103

JD Supra Law

OCTOBER 23, 2024

7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! CV 22-1377, 2024 WL 4436629 (D. The District of Delaware (“the court”) recently held that Apple Inc.’s The District of Delaware (“the court”) recently held that Apple Inc.’s By: Irwin IP LLP

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IP Close Up

OCTOBER 19, 2021

Publication of a patent filing from Apple suggests the company could be working on a ‘expandable’ phone design with a rollable screen. The patent indicates Continue reading.

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Patent Application Patent Design Designs 117

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.

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Patent Application Patent Patent Drafting Invention 81

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. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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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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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

Intellectual Property Law Blog

OCTOBER 11, 2022

Even though the analysis could have stopped at Step 2A Prong One, the Board also held that “the claims of the current application include specific features that were specifically designed to achieve an improved technological result” and “provide improvements to that technical field” (under Step 2A Prong Two). In In re Appl.

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Patent Application Patent Inventor Invention 130

The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The case goes as follows. 8(1) Regulation 6/2002.

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JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 98

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

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Design Patent Designs Design Patent Application 66

Patently-O

JUNE 15, 2025

by Dennis Crouch After a six-month hiring freeze and DOGE strong push for voluntary retirements, the USPTO has announced that it is again hiring patent examiners. The agency did not indicate how many examiners will be hired, but it will likely be in the hundreds if they can find qualified “gold” level candidates.

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IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

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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 68

IP Watchdog

NOVEMBER 7, 2024

Among the report’s key findings is that global patent filing activity increased for the fourth straight year, thanks in large part to continued growth in China and a strong showing from India, which placed among the top ten nations for patents, trademarks and industrial designs.

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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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Patent Trademark Blog

OCTOBER 15, 2024

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. For creators of genuinely innovative products, it may seem unfair that they cannot stop copycats unless and until their patents are granted. Focus on the patent number.

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