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USPTO Expands Eligibility for Design Patent Practitioners

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar. While the existing patent bar has certain acceptable education criteria...more

11/17/2023  /  Design Patent , USPTO

Design Patent Protection Remains a Valuable Tool for Automotive Manufacturers

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of...more

Choose the Words of Your Design Patent Applications Carefully

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a...more

A Rubric for Design Patent Claim Construction to a “Tee”

In a recent precedential opinion, the Federal Circuit noted that the district court followed the Federal Circuit’s “claim construction directives to a tee.” Here, the design patent at issue contained both functional and...more

Supreme Court Complicates Design Patent Damage Calculation – Apple v. Samsung

On December 6, 2016, the Supreme Court issued a rare unanimous decision on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time...more

Hague Agreement Rules Published by USPTO Creating Strategic Considerations for Applicants

On April 2, 2015, the USPTO published its final rules to implement the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement), with an effective date of May 13, 2015. The Hague Agreement...more

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