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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been...more
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 Fed. Reg. 78644 (Nov. 16,...more
This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure...more
Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law favouring holders of industrial design registrations in Canada seeking to...more
At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its...more
Effective Ways to Protect Your Intellectual Property: International Design Patents - The Hague Agreement Concerning the International Deposit of Industrial Designs (the “Hague Agreement”) is an international registration...more
Canada will become the 69th member of the Hague Union related to International Registration of Industrial Designs on November 5, 2018. As a result, the creators of Industrial Designs in Canada will soon be able to file a...more
The Hague Agreement, the international registration system for industrial designs, continues to grow as Canada will become its newest member on November 5, 2018. As we reported back in January, Russia also joined the Hague...more
The Hague System, the international registration system for industrial designs, grows as Russia becomes its newest member on February 28, 2018. Russia joins a long list of members, which already includes 67 countries and...more
Kilpatrick Townsend partner Babak Kusha, along with a panel of other thought leaders, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings.” The Hague Agreement is an...more
July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more
Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more
Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a...more
In recognition of ever growing cross-border sales, the U.S. recently expanded its design protection laws to make it easier to file a single application in multiple jurisdictions. Read on if you deal with products that could...more
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
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
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
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 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
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
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