JD Supra Law

FEBRUARY 15, 2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

Designs 73

Designs Design Design Patent Law 73

JD Supra Law

SEPTEMBER 8, 2023

The law surrounding validity, infringement, claim construction, and damages in the design patent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes. On September 7, join.

Design Patent 73

Design Patent Designs Design Litigation 73

JD Supra Law

MARCH 15, 2024

A seemingly innocuous Instagram post by Rihanna is the reason that a Puma design patent* was held invalid. Last week, the General Court of the European Union affirmed the decision of a lower tribunal, invalidating Puma’s application on the grounds that the design had been publicly disclosed prior to the application’s filing date.

Design Patent 70

Design Patent Designs Design Patent 70

JD Supra Law

FEBRUARY 16, 2024

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners.

Designs 70

Designs Design Intellectual Property Design Patent 70

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. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

Design Patent 68

Design Patent Art Designs Design 68

JD Supra Law

FEBRUARY 13, 2024

Changes to design patent validity law may be coming thanks to LKQ v. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.

Design Patent 68

Design Patent Designs Design Patent 68

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

JD Supra Law

FEBRUARY 9, 2024

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design.

Design Patent 68

Design Patent Designs Design Patent 68

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.

Design Patent 114

Design Patent Designs Design Patent 114

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

Design Patent 68

Design Patent Designs Design Patent 68

JD Supra Law

FEBRUARY 8, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. In particular, the U.S.

Design Patent 79

Design Patent Designs Design Patent 79

LexBlog IP

FEBRUARY 15, 2024

As outlined in our previous post , securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. ” Independent and Complete Design Units For now, partial claims should form an independent and complete design unit.

Designs 52

Designs Design Law Intellectual Property 52

The IPKat

SEPTEMBER 3, 2021

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136

Designs Design Law Art 136

JD Supra Law

SEPTEMBER 20, 2023

GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. By: ArentFox Schiff

Design Patent 112

Design Patent Designs Design Technology 112

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.

Design Patent 98

Design Patent Designs Design Patent Law 98

JD Supra Law

OCTOBER 4, 2023

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law

Design Patent 68

Design Patent Patent Infringement Art Designs 68

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. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.

Designs 141

Designs Design Copyright Law 141

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 71

Design Patent Patent Infringement Designs Design 71

JD Supra Law

OCTOBER 19, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. . By: Quarles & Brady LLP

Design Patent 62

Design Patent Designs Design Patent 62

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 Designs Design Patent 98

JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

Design Patent 98

Design Patent Designs Design Patent 98

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 Designs Design Patent 98

JD Supra Law

FEBRUARY 14, 2023

Utility patents are for functional inventions. 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. What’s more common than the written word?

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

NOVEMBER 17, 2023

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change official. By: Womble Bond Dickinson

Design Patent 70

Design Patent Designs Design Patent 70

JD Supra Law

FEBRUARY 12, 2024

There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary judgment decisions, and even multiple jury trials. 2023 was another busy year for district court decisions!

Design Patent 70

Design Patent Designs Design Patent 70

JD Supra Law

JUNE 10, 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. 35 USC section 171. By: Weintraub Tobin

Design Patent 98

Design Patent Designs Design Patent 98

Patently-O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. But projected designs aren’t new. But projected designs aren’t new. Projected designs are simply not some new, unforeseen concept.

Design Patent 69

Design Patent Designs Design Patent 69

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 Designs Design Patent 95

IP Law 360

SEPTEMBER 26, 2023

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

Design Patent 75

Design Patent Designs Design Inventor 75

JD Supra Law

NOVEMBER 17, 2023

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar. By: Foley & Lardner LLP

Design Patent 62

Design Patent Designs Design Patent 62

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

Design Patent 70

Design Patent Patent Infringement Art Designs 70

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

Designs 59

Designs Design Registration Trademark 59

JD Supra Law

FEBRUARY 20, 2024

Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive shape of Gibson guitars, the visual appeal of product designs can be a critical asset in the competitive marketplace. By: Polsinelli

Designs 59

Designs Design Design Patent Patent 59

Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

APRIL 26, 2023

I am happy to announce the launch of my newsletter series, “ Patent Law Primer: A Short Introduction to Key Issues in Patent Law ,” currently distributed through LinkedIn. This series is designed for a broader audience, making it accessible for anyone interested in the subject, not just patent attorneys.

Patent Law 71

Patent Law Law Patent Patent Application 71

IP Law 360

OCTOBER 27, 2023

The automotive industry is urging the full Federal Circuit to keep the test for obviousness in design patents as is, saying in a series of amicus briefs that the law is predictable and stable.

Design Patent 72

Design Patent Designs Design Patent 72

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.

Design Patent 90

Design Patent Designs Design Patent 90