Noteworthy Matters on Partial Design Patent Application
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
Navigating Partial Design Rejections in China
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
Designs 
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Patent Law Primer: A Newsletter Series on Key Patent Law Topics
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.
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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)
The IPKat
JULY 11, 2022
The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.
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Defending Design Patents
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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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
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.
In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
LexBlog IP
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. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 3d 1334 (Fed.
CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition
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.
Navigating Partial Design Rejections in China
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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Obviousness Test for Design Patents Unchanged
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.,
CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition
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. .
WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources
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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New Developments in Korean Patent Law
LexBlog IP
APRIL 5, 2023
Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Recent Case Law: Divisional Applications and ST.26 thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media
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REMINDER: Tryouts for the USPTO National Patent Application Drafting Competition Team – DEADLINE TOMORROW
IPilogue
OCTOBER 21, 2021
This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.
What is a Design Patent?
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.
Artificial Intelligence system as inventor in South African patent application: The case of DABUS
The IPKat
AUGUST 16, 2021
In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.
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What do dashed lines in a design patent mean?
Patent Trademark Blog
MAY 26, 2021
What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.
Can you file a design patent continuation application?
Patent Trademark Blog
JANUARY 5, 2022
What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications.
Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II
SpicyIP
AUGUST 1, 2021
Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.
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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?
Intellectual Property Law Blog
FEBRUARY 14, 2024
Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.
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Easy Patent law Quiz for 2021:
Patently-O
DECEMBER 5, 2021
These already exist, but Crunch has designed a new model that includes a handle (for stability) and also a touchscreen control that can be used to stream audio/video instructions. Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1.
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China: Design Patents and the Metaverse
IP Tech Blog
AUGUST 22, 2022
Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. A “physical product” is still needed to file an application. Overview of current legislation in China.
The Difference between Utility, Design, and Plant Patents
TraskBritt Intellectual Property
MAY 18, 2021
Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents. Design patents.
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China: Design Patents and the Metaverse
LexBlog IP
AUGUST 22, 2022
Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4
Computer-Generated Electronic Images & The Article of Manufacture Requirement: The USPTO Declines to Extend Subject Matter Eligibility to “Disembodied” Designs
LexBlog IP
DECEMBER 18, 2023
In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.”
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Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani
SpicyIP
MARCH 7, 2023
Sukarm is an undergraduate law student at NLSIU, Bangalore. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Microsoft v.
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Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
LexBlog IP
OCTOBER 12, 2021
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6].
Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents
IP Intelligence
OCTOBER 12, 2021
Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]
Can You Copyright or Trademark a Logo Designed by AI?
LexBlog IP
DECEMBER 26, 2023
I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.
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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction
Patently-O
JANUARY 20, 2023
Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].
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Is a Patent Worth Your Money and Time?
Patent Trademark Blog
JUNE 15, 2023
How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?
When is the best time to file a patent?
Patent Trademark Blog
JANUARY 29, 2024
When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.
Patent Law and the False Claims Act.
Patently-O
SEPTEMBER 6, 2022
government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).
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Patent – a shield for modern biotechnology
Biswajit Sarkar Copyright Blog
MARCH 1, 2024
A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Product patent- This law is important for providing safeguards to products.
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AI Inventor and the Ethics Trap for US Patent Attorneys
Patently-O
APRIL 24, 2023
However, both the United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit (CAFC) maintained that US patent laws require a human inventor, and as a result, they refused to consider Thaler’s patent application.
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Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?
IPilogue
JUNE 2, 2022
Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,
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The Future of AI Inventorship Following Denial of Stephen Thaler’s Petition
LexBlog IP
MAY 2, 2023
Particularly, the Federal Circuit has already denied en banc rehearing; additionally, the Federal Circuit is the only court of appeals with jurisdiction over questions of patent law, so no circuit split will occur. under the Patent Act. Stephen Thaler also has related pending patent applications in multiple other jurisdictions.
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Updates on AI Inventorship: New Zealand, the EPO, and the UK allow an Artificial Intelligence (AI) machine to be listed as a Joint Inventor along with at least one Human Inventor
LexBlog IP
APRIL 6, 2022
I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. See Decision re Patent Application No.
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Russia Suspends Compulsory License Payments for Some Non-Russians
IP Tech Blog
MARCH 15, 2022
As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).
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AI and IP Law: Podcast with Yuri Eliezer
LexBlog IP
JULY 31, 2023
Recently, Yuri Eliezer was invited to share his insights on the Conscious Design Podcast , hosted by Ian Peterman. This podcast brings together thought leaders from various fields to discuss the future of design and its impact on our world. AI language models can master these concepts and improve the efficiency of legal practice.
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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?
LexBlog IP
FEBRUARY 14, 2024
Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. .” 2 in the Guidance. Principle No. Principle No.
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Smart Wallets and Measuring Credibility of the Prior Art
Patently-O
DECEMBER 20, 2022
In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.
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Russia Suspends Compulsory License Payments for Some Non-Russians
LexBlog IP
MARCH 15, 2022
As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. ” (underlining added).
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Role of a Patent Attorney
Biswajit Sarkar Copyright Blog
DECEMBER 3, 2022
A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.
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