News & Analysis as of

Design Patent

PTAB Strategies and Insights - January 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

Patent Strategies for Cryptocurrencies and Blockchain Technology

Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more

Patented Halloween, Thanksgiving and Christmas Inventions

by Womble Bond Dickinson on

Part of the enjoyment of Halloween and Christmas is seeing the clever decorations and novelties people come up with for these two celebrations. But did you know, some of these are patented inventions? With (belated) Season’s...more

Top 5 Design Offices Meet in Alicante to Discuss Protection of Emerging Designs

On December 4 and 5, 2017, the members of the Industrial Design 5 (ID5) met at the EUIPO offices in Alicante, Spain for the 3rd ID5 Annual Meeting. The ID5 is an Industrial design framework comprised of the European Union...more

Lessons in Trademarking Trade Dress: Apple vs. Samsung

by Revision Legal on

The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work...more

Ordinary Observer and Informed User Walk Into a Bar: A Transatlantic Conversation About Design Infringement

FADE IN - BRISK FALL DAY—MIDDAY - In a small local pub somewhere in the middle of the Atlantic Ocean, perhaps Bermuda, the Azores or Ascension Island … Olivia Owens: Iris, great to see you again! How’s it going in...more

Trends In Automotive Technology: 2017 and the Road Ahead

by WilmerHale on

This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception. Given the many new entrants in the autonomous...more

All That Glitters is Not One to Mold

by Winthrop & Weinstine, P.A. on

To me, one of the most exciting aspects of intellectual property law is when patent law and trademark law intersect in product or packaging design. Last week, I had the honor of speaking to a graduate product design class at...more

Addressing intellectual property requires careful estate planning

Intellectual property (IP), such as copyrights and patents, can hold enormous value. Whether IP rights are a significant source of wealth or only a small fraction of an estate, it’s critical that it be properly addressed in...more

"Types" of Protection for Font and Typeface Designs

As a counterpoint to our article last month regarding a copyright infringement and breach of contract lawsuit filed against Target over a computer font program, we provide a brief overview of the options for protecting the IP...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district...more

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

Three Reasons to File a Design Patent with your Utility Patent

by Dorsey & Whitney LLP on

When filing a utility patent that includes design elements, the patentee is often faced with the question “should I also file a design patent?” The patentee may answer with “there is no need to file the design patent since...more

Design Patent PTO Litigation Statistics (through OCTOBER 15, 2017)

Since July 2017, there have been no new design institution decisions, and a pair of final written decisions that resulted in cancelled claims. No new design patent petitions have been filed since April 2017. The statistics...more

USPTO Announces Fee Increases Effective January 16, 2018

by Brooks Kushman P.C. on

United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings (Please click here to see the USPTO’s table showing the fee changes...more

IP in the Food & Beverage Industry

by Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

5 Key Takeaways: IP Aspects of a Product to Market Timeline: A Comprehensive Look at Protecting the IP of a New Product

Kilpatrick Townsend partner Karam Saab recently presented to the Association of Corporate Counsel Denver Chapter on “IP Aspects of a Product to Market Timeline: A Comprehensive Look at Protecting the IP of a New Product.” ...more

Total Profit on the Article as Sold is Alive and Well in Design Patent Litigation

Proving that damages for design patent infringement can still be significant, Columbia Sportswear Co. was awarded more than $3 million last month by a California jury in a design patent infringement lawsuit against Seirus...more

"Retro" Designs: Using Your Utility Portfolio to Expand Design Protection

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 Goods on IP - October 2017

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

4 Key Takeaways: The Hague Agreement & Design Filings – Things You Need to Know & Do

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

Apple and Samsung Are Headed Back to the Court Room

Following a lengthy and extensive litigation that began in 2011 that culminated in a U.S. Supreme Court decision in December of 2016, smartphone industry titans Apple and Samsung will again find themselves in Federal District...more

Copyrighting Design Elements of a “Useful Item”: Lessons From Star Athletica

by Revision Legal on

In general, no copyright protection is available for the design of something that is “useful.” “Useful” is defined by the Copyright Act as something with “an intrinsic utilitarian function that is not merely to portray the...more

Recap on Design Patent Drawings

This post is a follow-up to our prior post To Seek Design Protection or Not, That is the Question! where we discuss situations where it is worth considering seeking a design patent. Here we highlight takeaways from a USPTO...more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

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