Design Patent

News & Analysis as of

The Federal Circuit Validates Strong Design Patent Protection

On May 18, 2015, a panel of the Federal Circuit Court of Appeals issued a ruling strengthening broad design patent protection in the long-running legal battle between Apple and Samsung over their competing smartphones,...more

Doctrine of Inurement Does Not Save Design Patent in IPR Proceeding

There are precious few opportunities to be able to write about the Doctrine of Inurement in inter partes review proceedings (or otherwise, for that matter). So, we take the opportunity here to consider the doctrine, in a...more

Apple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment

The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple’s iPhone. A jury awarded more than $1 billion in damages. In a...more

Guide To Doing Business in Australia - Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of...more

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more

Apple-Samsung Trade Dress Case Demonstrates Potential Value of Design Patents

A jury awarded Apple more than $1 billion in damages after finding that smartphones sold by Samsung diluted Apple's trade dress and infringed Apple's design and utility patents. After a partial retrial limited to determining...more

Intellectual Property Alert: Apple v. Samsung: The Federal Circuit Clarifies Design Patent Principles Law

In a much anticipated opinion issued by the U.S. Court of Appeals for the Federal Circuit in Apple v. Samsung on May 18, the design patent law with respect to remedies and the infringement test remains robust. Notably, and...more

US Patent and Trademark Office Implements Significant Changes to Design Patent Application Filings

Significant changes in design patent law became effective May 13. The biggest change is that the U.S. and Japan are now members of the Hague Union. The Hague Union is part of an international treaty that establishes a simple...more

Intellectual Property Alert: The U.S. and Japan Join the Hague System

May 13, 2015 — Today, the United States and Japan will become contracting parties to the Hague System for the International Registration of Industrial Designs. The Hague System allows the filing of a single international...more

Hague to Break It to You: International Design Applications Are Not a Silver Bullet for Multijurisdictional Protection

As of May 13, 2015, the Hague Agreement is fully implemented in the United States. There has been a significant amount of excitement regarding the U.S. accession to the Hague Agreement, which includes an extension of U.S....more

Design Patent Case Digest: Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, LTD.

Decision Date: April 21, 2014 and April 14, 2015 - Court: Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit - Patents: D617,465 - Holding: Claimed design is obvious and therefore...more

Beware Change to RCE Practice Hidden in USPTO’s Final Rules for Hague Agreement Implementation

Summary: Effective May 13, 2015, a US national stage application for which an inventor’s oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing. On April 2,...more

International Design Patent Filing Option Available May 13, 2015, to U.S. Filers

Beginning May 13, 2015, U.S. applicants will be able to file international design patent applications through the U.S. Patent and Trademark Office. In addition, U.S. design patents resulting from applications filed on or...more

U.S. Ascension To The Hague Agreement Concerning The International Registration Of Industrial Designs

Design patents allow patentees to protect the aesthetic appearance of articles, in contrast to utility patents that protect the utility of an inventive concept. While the scope of protection provided by a utility patent is...more

USPTO Begins Accepting International Design Applications

On May 13, 2015, the U.S. Patent & Trademark Office (USPTO) will begin accepting U.S. design patent applications under the Hague Agreement. This agreement allows U.S. applicants to file up to 100 designs in over 64 member...more

Final report on the review of Australia’s designs system

In 2012 Australia’s Advisory Council on Intellectual Property (ACIP) was tasked with reviewing the Australian designs system. ACIP has now released its final report...more

An Easier Way to Protect Your Designs Globally

Beginning May 13, 2015, U.S. patent owners will have a streamlined and more economical way to obtain international protection of industrial designs. This is the date when U.S. Patent and Trademark Office ("USPTO") rule...more

The Hague Agreement for the Registration of Industrial Designs: A PCT for Design Patents?

The U.S. Patent and Trademark Office recently published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). Starting May 13, 2015, U.S.-based applicants...more

New Changes to U.S. Design Patent Law

American-based companies seeking protection for industrial designs will soon be encountering significant changes. On May 13, 2015, the United States will become a contracting party to the Geneva Act of the Hague Agreement...more

Top Eight Things You Should Know About the Hague System For International Registration of Designs

U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in...more

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

146 Results
|
View per page
Page: of 6

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×