Design Patent

News & Analysis as of

MarkIt to MarketTM | April 2015

In This Issue: - I Second that e-Motion: Protecting Motion Marks - USPTO Begins Accepting International Design Applications - Attending INTA Annual Meeting - gTLD Sunrise Periods Now Open - Excerpt...more

International Protection of Industrial Designs under the Hague System

An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of...more

Design meets 3D Printing!

This week in Milan everything is about design. Recently, 3D printing generated a lot of interest in the design industry, allowing any user to manufacture small batches of identical copies of an object at a low cost....more

First IPR Design Patent Decision Affirmed by Federal Circuit

In the first inter partes review of a design patent, the Federal Circuit affirmed the Patent Trial and Appeal Board’s final decision that the only claim was unpatentable. Design patent D617,465 on a drinking cup was the...more

Hague Agreement Streamlines Registration of Industrial Designs

On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the...more

The Keys are in the Design

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the...more

Filing a Design Patent Internationally? New Rules You Need to Know

The U.S. Patent and Trademark Office (USPTO) has published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). They can be found here. Starting May 13,...more

Antedating by Third-Party Reduction to Practice Not Enough—Conception Needed - Sensio, Inc. v. Select Brands, Inc.

In its decision to institute an inter partes review (IPR) of a design patent related to a slow cooker buffet server, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) ruled that the...more

Construction Case Law Update - April 2015

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...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

Designing foreign applications

The importance of industrial design to Australian businesses is increasing, with competitive advantage being gained by investment in innovative design. Many Australian companies are now looking to sell their products outside...more

ITC Pilot Program to Expedite Rulings on Whether Exclusion Orders Cover Redesigns and New Products

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the...more

Design Protection Goes Global: The Hague Agreement Will Change Industrial Design Strategies

The Hague Agreement Concerning the International Registration of Industrial Designs, more commonly known as the “Hague Agreement,” is a treaty that establishes an international filing system for industrial design...more

Changes Coming in U.S. Design Patent Law and Procedures

A design patent has long been available in the United States for protecting the ornamental appearance of an article of manufacture (sometimes referred to as an "industrial design"). Thus, design patents can be generally...more

United States Takes Final Step to Join the Hague Agreement - Design Patent Law Changes to Take Effect May 13, 2015

In December 2012, Congress passed the Patent Law Treaties Implementation Act, which authorizes the United States to become a member of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). On...more

International Design Applications Under the Hague Agreement: Q&A for Companies Designating the U.S.

In early February 2015, the U.S. announced that it had deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement) with...more

Simplified International Filing of Design Patents Coming in May

The United States has finally taken the steps necessary to join a major international treaty concerning the protection of design patents. This will mean significant changes in the protection of designs in foreign countries....more

United States Completes Deposit for Hague Agreement for Industrial Designs

Today, February 13, 2015, the United States deposited with the World Intellectual Property Organization (WIPO) its instrument of accession to the Hague Agreement Concerning International Registration of Industrial Designs...more

Design Patent Case Digest: Anderson v. Kimberly-Clark Corporation

Decision Dates: September 25, 2013 and July 10, 2014 - Court: W.D. Washington and Federal Circuit - Patent: D401,328 - Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint...more

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

Design Patent Case Digest: Young v. Stone

Decision Date: August 28, 2014 - Court: N.D. Illinois - Patent: D442,661 - Holding: Defendant’s motion for judgment on the pleadings of non-infringement - GRANTED Opinion: Plaintiff...more

Design Patent Case Digest: Reddy v. Lowe’s Companies, Inc.

Decision Date: November 18, 2014 - Court: District of Massachusetts - Patent: D677,423 - Holding: Plaintiff’s proposed claim construction ADOPTED - Opinion: Plaintiff Maureen Reddy sued...more

PR Obviousness Challenge of Design Patent Denied

Through two years of inter partes review practice, only 8 petitions were filed that were directed to design patents (out of 1773 total petitions). Given this limited number of petitions, lessons are going to be difficult to...more

No IP Holes in this Crystal Head

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark,...more

Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &...more

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