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

JD Supra Law

DECEMBER 3, 2024

Member states of the World Intellectual Property Organization (WIPO) have approved the Riyadh Design Law Treaty. The treaty is designed to “make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad.”. By: AEON Law

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Designs Design Law Intellectual Property 59

Erik K Pelton

JUNE 3, 2024

I recent sat down with Alt Legal to share best practices for searching trademark designs or logos with the new USPTO search system. Watch below: For more, see [link] The post Tips for searching logos and design trademarks at the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

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Designs Design Law Intellectual Property 59

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technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated.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.

Design Patent 98

Design Patent Designs Design Intellectual Property Law 98

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Designs Design Registration Law 96

The IPKat

OCTOBER 29, 2024

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.

Editing 64

Editing Designs Design Law 64

JD Supra Law

DECEMBER 5, 2024

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China. By: Linda Liu & Partners

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Design Patent Designs Design Patent 65

McKinsey Operations

MARCH 6, 2023

Design thinking is a systemic, intuitive, customer-focused problem-solving approach that organizations can use to respond to rapidly changing environments and to create maximum impact.

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Designs Design 139

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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Design Patent Designs Design Graphic Design 111

Biswajit Sarkar Copyright Blog

JULY 21, 2022

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. To protect designs , it has to be registered under the Designs Act, 2000.

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Designs Design Branding Branding 98

JD Supra Law

OCTOBER 11, 2024

Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design.

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Design Patent Designs Design Patent 62

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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Design Patent Designs Design Intellectual Property 52

43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

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Designs Design Copyright Infringement Marketing 64

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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Design Patent Designs Design Intellectual Property 100

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

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Designs Design Registration Marketing 105

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.

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Designs Design Copyright Law 140

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? Why does it matter that design patent applications are not published? Why does that matter?

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Design Patent Patent Application Publishing Designs 52

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

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Designs Design Branding Branding 52

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. What is a priority claim?

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Design Patent Designs Design Patent Application 52

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. at 15 (Fed.

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Design Patent Designs Design Patent 119

Olartemoure Blog

JANUARY 9, 2024

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. La entrada Infographic | The designated gatekeepers se publicó primero en OlarteMoure | Intellectual Property.

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Designs Design Advertising Advertising 105

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Designs Design Art Trademark Law 97

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 105

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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Design Patent Designs Design Patent Application 62

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.

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Design Patent Designs Design Patent 134

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. ” And, like the primary reference, any secondary references must also be analogous art.

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Design Patent Designs Design Art 130

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

Design Patent 75

Design Patent Patent Law Designs Design 75

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 105

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. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar.

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Design Patent Publishing Designs Design 122

The IPKat

JUNE 20, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. As regards the recast Designs Directive, Member States shall bring into force the laws, regulations etc.

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Designs Design Law Journalism 64

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. This transience raises even larger questions about whether such designs qualify.

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Design Patent Designs Design Patent 59

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.

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IP Law 360

NOVEMBER 26, 2024

An Atlanta-based patio furniture company alleged in a new lawsuit filed Monday that a Chinese competitor that has sold to retailers including Costco has ripped off its design for a cantilevered outdoor umbrella.

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Designs Design 52

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.

Design Patent 68

Design Patent Designs Design Patent 68

JD Supra Law

JUNE 19, 2024

Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable results in Inter Partes Reviews (“IPRs”) and Post Grant Reviews (“PGRs”) than utility patents. For example, the institution rate for design patents is about 38% compared to roughly 65% for utility patents.

Design Patent 65

Design Patent Designs Design Patent 65

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.”

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Design Patent Designs Design Patent 141