Industrial Design

News & Analysis as of

The Upcoming Implementation of the Italian Patent Box Regime

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?

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

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?

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

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

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

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

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

Opportunity for Importers of Designer Merchandise to Reduce Duty Exposure

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

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

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

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

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

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 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

Changes to UK Design Legislation

Amendments to the UK design law regime came into effect on October 1st 2014. Businesses should be conscious of a number of significant changes under the Intellectual Property Act 2014, as well as further changes which are due...more

Doing Business in Canada: Intellectual Property Protection

INTELLECTUAL PROPERTY PROTECTION - Effectively protecting a business’s intellectual property rights has become an increasingly important element of safeguarding the success of many businesses nowadays. The following is...more

Industrial Design as a Competitive Tool

Industrial design law in Canada protects the visual features of shape, configuration, pattern or ornamentation which are applied to a product. Functional elements are not protected. ...more

Consider Design Patents as One Mode of Protection for Product Appearance

In the world of industrial design and branding, the appearance or look and feel of a product can be subject to various forms of intellectual property (IP) protection. Copyrights and trademarks usually come to mind when...more

Protection By Design: Industrial Design Law In Canada

Bodum – a maker of popular coffee-press and glass products – wanted to protect their design for a double-walled drinking glass in a competitive marketplace. Apple wanted to protect the design of their popular handsets like...more

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