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 116

Designs Design Technology Business 116

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 141

Designs Design Copyright Copyright Law 141

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

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

Copyright 52

Copyright Designs Design Copyright Law 52

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 104

Designs Design 104

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 132

Design Patent Patent Designs Design 132

The Illusion of More

APRIL 28, 2023

Carla is a tech designer, author, and educator. […] The post Podcast – Tech Designer Carla Diana appeared first on The Illusion of More.

Designs 82

Designs Design IP Art 82

IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

Design Patent 73

Design Patent Patent Designs Design 73

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 128

Designs Design 128

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Designs Design Art Litigation 127

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

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

JD Supra Law

MARCH 1, 2023

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement examination of partial designs. Australia implemented a grace period for designs.

Design Patent 96

Design Patent Designs Design Law 96

Christopher Roser

JANUARY 3, 2023

This idea can be extended to product design, aiming for a product that gives the customer a perfect experience. The post Omotenashi in Product Design first appeared on AllAboutLean.com. But even in Japan, it means something else: it is the aim for perfection with a customer. The Word Omotenashi The word omotenashi.

Designs 95

Designs Design 95

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 ).

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Non-Fungible Tokens Designs Design Intellectual Property 144

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

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

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

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 89

Design Patent Patent Designs Design 89

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Designs 85

Designs Design Patent Art 85

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 129

Designs Design Art Law 129

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%.

Design Patent 98

Design Patent Patent Designs Design 98

JD Supra Law

FEBRUARY 14, 2023

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. Utility patents are for functional inventions. What’s more common than the written word? By: Seyfarth Shaw LLP

Design Patent 98

Design Patent Patent Designs Design 98

JD Supra Law

FEBRUARY 28, 2023

design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on design patents issued by the Federal Circuit both involved appeals that originated at the Patent Office), all three precedential opinions in 2022 involved appeals that originated from district courts.

Design Patent 95

Design Patent Patent Designs Design 95

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. As it stands today, there is a single patent bar that applies to those practicing in patent matters before the USPTO, covering utility, plant, and design patents.

Design Patent 70

Design Patent Patent Designs Design 70

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.

Design Patent 144

Design Patent Patent Designs Design 144

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Designs 134

Designs Design Publishing Art 134

IP Law 360

APRIL 7, 2023

Various players in the world of replacement auto parts have urged the full Federal Circuit to reconsider the test used for determining design patents are invalid as obvious, arguing the court is treating design patents more like trademarks than utility patents, thus making invalidations nearly impossible.

Design Patent 98

Design Patent Patent Designs Design 98

SpicyIP

DECEMBER 30, 2022

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. Test of Design Infringement by the Delhi High Court. The logic of differentiating principles of design infringement with principles of trademark infringement is sound.

Designs 114

Designs Design Trademark IP 114

IP Law 360

MAY 23, 2023

A toy designer for MGA Entertainment testified Tuesday in an intellectual property dispute between T.I., Tiny Harris and MGA that she would never base a doll on a pop group associated with the hip hop moguls due to serious sexual assault allegations made against them.

Intellectual Property 75

Intellectual Property Designs Design 75

IP Law 360

MAY 15, 2023

Patent and Trademark Office has begun laying the groundwork for a separate design patent bar that it floated by the public last year, issuing an advance notice of proposed rulemaking Monday.

Design Patent 75

Design Patent Patent Designs Design 75

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

Law 124

Law Intellectual Property Designs Design 124

JD Supra Law

FEBRUARY 28, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.

Design Patent 98

Design Patent Patent Designs Design 98

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Design Patent 59

Design Patent Designs Design Patent 59

The IPKat

MARCH 10, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. The result in this change has been a very dramatic reduction in trade mark and design cases heard by the CJEU.

Law 96

Law Intellectual Property Designs Design 96

The IPKat

APRIL 27, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the EU Commission’s recent proposal to codify visual disclaimers in EU design law. These proposals to modernise legislation on design protection point in the right direction.

Law 89

Law Designs Design Intellectual Property 89

IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 59

Designs Design IP Trademark 59