News & Analysis as of

Design Patent

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

Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

by Knobbe Martens on

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design...more

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Design Patent PTO Litigation Statistics (Through July 1, 2017)

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Since February 2017, with 13 additional design patent institution decisions the...more

Sports Bras and Tires - What Do They Have In Common?

Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more

Addressing the Question of How to Determine an Infringer’s “Article of Manufacture” under 35 U.S.C. § 289

Just when it seemed that we might have finally reached the end of the epic battle between Apple and Samsung in what was once called the “patent trial of the century,” the District Court for the Northern District of California...more

The Goods on IP - July 2017

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

Design Patents at the PTAB?

by Jones Day on

In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked...more

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