News & Analysis as of

Industrial Design

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

by Smart & Biggar on

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

Proposed tax changes in Australia a win for IP owners

by DLA Piper on

On 30 March 2017, the Federal Government released the Treasury Laws Amendment (2017 Enterprise Incentives No 1) Bill 2017. The Bill contains a number of significant changes to the tax depreciation of intangible assets....more

Canadian Playground Fight Highlights the Importance of Industrial Design Protection

by Bennett Jones LLP on

A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements....more

Colourful designs and a streamlined practice get the green light in Canada

by Smart & Biggar on

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

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

by McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa

by Ladas & Parry LLP on

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

“Wow Moments” and Industrial Design Infringement

by Field Law on

An inventor had a “wow” moment when he came across a design improvement for cold-weather visors – something suitable for the snowmobile helmet market. The helmet maker brought the improved helmet to market and also pursued...more

The Upcoming Implementation of the Italian Patent Box Regime

by McDermott Will & Emery on

Several press articles in recent weeks have anticipated the upcoming enactment of the Ministerial Decree which will eventually implement the Italian Patent Box regime. The Ministry of Economics and Finance announced on 29...more

Can You File an RCE in That U.S. National Stage Application?

by Foley & Lardner LLP on

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

Selling Products Outside the US? If Yes, New Patent Laws are Available to Streamline International Design Protection

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

Designer Depositions in Taiwan

by Planet Depos, LLC on

In a recent article published in the Hemisphere Magazine, Taipei was dubbed “The Next Great Design Center.” What was once seen as shoddy workmanship, “Made In Taiwan” is now worn as a badge of honor. Taipei was recently...more

What, exactly, does industrial design protect?

by Field Law on

What, exactly, does industrial design protect? The recent decision Zero Spill Systems Inc. v. Heide, 2015 FCA 115, reviewed this question. In the trial level decision, Zero Spill sued a competitor for infringement of Canadian...more

Apple Watch Design Patent

by Field Law on

As we reviewed in our previous post - Industrial Design as a Competitive Tool - the value of strategic industrial design protection (also called a “design patent” in the US) should not be underestimated. The USPTO...more

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

by Hodgson Russ LLP on

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

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

by WilmerHale on

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

Opportunity for Importers of Designer Merchandise to Reduce Duty Exposure

by Kelley Drye & Warren LLP on

We have recently received a positive ruling from U.S. Customs and Border Protection (“Customs”) in response to a protest filed on behalf of one of our clients which is a U.S. subsidiary of a European parent company and...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

by Thompson Coburn LLP on

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

International Protection of Industrial Designs under the Hague System

by Winstead PC on

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

Hague Agreement Streamlines Registration of Industrial Designs

by Ballard Spahr LLP on

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

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

Designing foreign applications

by FPA Patent Attorneys on

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

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

by Brooks Kushman P.C. on

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

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