In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham...more
On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. The decision eliminates the Rosen-Durling test,...more
The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more
2/15/2024
/ Australia ,
Brazil ,
Computer-System Design/Software Services ,
Corporate Counsel ,
Design Patent ,
EU ,
Foreign Patent Applications ,
Innovation Patent ,
Intellectual Property Protection ,
Patent Applications ,
Patent Law Treaty ,
Patent Registration ,
Patents ,
Technology Sector ,
The Hague System
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more
2/8/2024
/ America Invents Act ,
Appeals ,
CAFC ,
Design Patent ,
EU ,
Innovation Patent ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Section 337 ,
USPTO
Directors Tracy-Gene G. Durkin, Deirdre M. Wells, Daniel A. Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST....more
Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...more
3/1/2023
/ Australia ,
Chile ,
China ,
Design Patent ,
Electronic Filing ,
EU ,
India ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Applications ,
Patent Litigation ,
Patents ,
The Hague ,
United Arab Emirates (UAE) ,
USPTO ,
Utility Patents
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
2/21/2023
/ Anticipation ,
Appeals ,
Article of Manufacture ,
Australia ,
Chile ,
China ,
Claim Construction ,
Damages ,
Design Patent ,
EU ,
Exclusion Orders ,
Final Written Decisions ,
Foreign Patent Applications ,
India ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Jury Verdicts ,
Likelihood of Success ,
Motion to Dismiss ,
Noninfringement ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Prior Art ,
Remedies ,
Reversal ,
Section 337 ,
Settlement Agreements ,
Summary Judgment ,
The Hague System ,
Trade Dress ,
United Arab Emirates (UAE) ,
USPTO
Following the successful release of the firm's inaugural year-in-review report last year, we will again be hosting a webinar featuring the highlights of our 2023 report. Webinar speakers will provide an overview and analysis...more
From consumer products to graphical user interfaces to pharmaceuticals and medical devices, design patents have become essential tools in the IP toolkit for companies of all sizes. Not only are they relatively inexpensive and...more
Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to...more
3/10/2022
/ Australia ,
China ,
Design Patent ,
EU ,
Foreign Patent Applications ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Korea ,
Patent Applications ,
Patent Registration ,
Patents ,
The Hague System
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
3/2/2022
/ Anticipation ,
Appeals ,
Article of Manufacture ,
Australia ,
Cease and Desist Orders ,
China ,
Design Patent ,
EU ,
Exclusion Orders ,
Final Written Decisions ,
Foreign Patent Applications ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Korea ,
Nexus ,
Nonobvious ,
Ornamental Design ,
Patent Applications ,
Patent Filings ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Remand ,
Reversal ,
Section 102 ,
Section 103 ,
Section 337 ,
Substantial Evidence ,
Summary Judgment ,
The Hague System ,
USPTO ,
Utility Patents ,
Vacated
In conjunction with the forthcoming release of the firm's inaugural year-in-review report, speakers will offer case summaries and analysis of particularly significant design patent updates and trends. Specifically, the...more
2/23/2022
/ Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Webinars
Claim construction for a design patent is mainly focused on the drawings, which show the ornamental design that is protected by the patent. But the Federal Circuit recently identified one situation where the drawings weren’t...more
10/31/2019
/ Appeals ,
Best Practices ,
Claim Construction ,
Design Patent ,
Lack of Specificity ,
Ornamental Design ,
Patent Examinations ,
Patent Litigation ,
Patents ,
Prosecution History Estoppel ,
USPTO ,
Written Descriptions
The October 2019 issue of Sterne Kessler's The Goods on IP® discusses a recent Federal Circuit decision that highlights the need for careful attention to the text—not just the drawings—in a design patent application, to...more
It is important for petitioners and patent owners alike to understand the implications of Curver Luxembourg v. Home Expressions, which relied on prosecution history and the title to limit design patent claim scope....more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
The September 2019 issue of Sterne Kessler's The Goods on IP® discusses the Amazon Utility Patent Neutral Evaluation Procedure, reviews recent design patent PTO litigation statistics, and analyzes why the utility model...more
From gadgets to apparel, retro is all the rage these days. What does this mean for your consumer product patent portfolio?
The obvious strategy is to consistently file design applications covering your product releases,...more
The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more
A product with consumable or replaceable parts can be complicated to patent. These kinds of products have a reusable base component and replaceable widgets that work with it. Think razor handles with disposable razor blades,...more
The July 2017 issue of Sterne Kessler's The Goods on IP discusses thinking like an Examiner to move prosecution forward, the wide variety of consumer product companies using design patents to protect their valuable product...more
Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more