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Patent-Eligible Subject Matter › Design Patent

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
ArentFox Schiff

Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

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Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Dunlap Bennett & Ludwig PLLC

How Do I Know If My Design Is Patentable? The New Test

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Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

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If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Sheppard Mullin Richter & Hampton LLP

Highlights of Revised Regulations for Implementing Patent Law of China

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On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The USPTO’s Inventorship Guidance for AI-Assisted Inventions

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Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g., “Robert Bahr, Deputy Commissioner for...more

AEON Law

Patent Poetry: Patent Office Publishes Guidelines on Computer Related Designs

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The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. In December 2020, the USPTO sought...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

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A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

AEON Law

Patent Poetry: Federal Circuit Rules on “Comparison Prior Art” in Design Patent Infringement

AEON Law on

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit to Sit En Banc to Hear LKQ v. GM Case on Obviousness for Design Patents

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For the first time in over five years, the US Court of Appeals for the Federal Circuit will be hearing a patent case en banc. The Court has agreed to hear LKQ Corporation v. GM Global Technology Operations LLC, which...more

Polsinelli

Design Patent Holders Rejoice, but Challengers Face an Uphill Battle

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Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that...more

Harris Beach PLLC

Intellectual Property Law: Year in Review 2021

Harris Beach PLLC on

Specification and Prosecution History Narrow the Plain Meaning of “0.001%.” The claim at issue included a concentration of 0.001% of PVP. The term’s plain meaning is 0.001% within one significant figure (i.e., 0.0005% to...more

WilmerHale

CAFC Patent Cases - September 2021 #3

WilmerHale on

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION]  (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court...more

Quarles & Brady LLP

A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law

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On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

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You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more

Holland & Knight LLP

Hot Potato War: Patent to Pretreat Vegetables Not Directed to Ineligible Concept

Holland & Knight LLP on

J.R. Simplot and McCain Foods have spent the last few years battling in the U.S. District Court for the District of Idaho over issues related to – unsurprisingly – potatoes, with each party asserting a design patent related...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2019 #3

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PATENT CASE OF THE WEEK - Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2018-1329, et al. (Fed. Cir. Nov. 13, 2019) - This week’s Case of the Week strikes close to home,...more

Knobbe Martens

Federal Circuit Review - July 2019

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Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v.  Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more

White & Case LLP

Design patents: a growing trend in the hardware space

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Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Idiosyncrasies of Prosecuting U.S. Design Patents

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Under U.S. law, design patents cover the ornamental design of an object having practical utility. Accordingly, in a design patent application, the subject matter claimed is the design embodied in or applied to an article of...more

Knobbe Martens

Patent Basics for the Aerospace Industry

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Associate Tom Cowan presented "Patent Basics for the Aerospace Industry," at the Space Foundation Space Commerce Workshop at the Aerospace Corporation in El Segundo, California. As the keynote speaker for the event, Tom...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

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Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Mintz - Health Care Viewpoints

Strategies to Unlock AI’s Potential in Health Care, Part 1: Common Pitfalls to Avoid When Getting a Patent

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As in any area of technology, it is important to consider patent protection early in the development of an AI-related invention. However, AI and other digital health inventions raise a number of particular issues that, if not...more

McDermott Will & Emery

In the Doghouse: Prosecution History Estoppel, Design Claim Scope Are Different Inquiries

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Addressing the intersection of claim scope and prosecution history estoppel for design patents, the US Court of Appeals for the Federal Circuit found that prosecution history estoppel does not preclude enforcing a broader...more

Kilpatrick

KT Design Patent Primer: Patent Eligibility of Articles “Hidden in Use”

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Q: Is an article “hidden in its normal use”’ eligible for design patent protection? A: Yes, an article “hidden in use” is protectable so long as the ornamental features are of consumer concern at some point in its...more

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