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Monthly Minute | Design Patents
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2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant...more
As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. and elsewhere. In last year’s report, we noted that the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc...more
This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure...more
Canada will become the 69th member of the Hague Union related to International Registration of Industrial Designs on November 5, 2018. As a result, the creators of Industrial Designs in Canada will soon be able to file a...more
The Hague Agreement, the international registration system for industrial designs, continues to grow as Canada will become its newest member on November 5, 2018. As we reported back in January, Russia also joined the Hague...more
The July 2018 issue of Sterne Kessler's The Goods on IP® discusses developments on copyright infringement lawsuit timing, prosecuting consumer product claims that include conjunctive limitations, and an update on membership...more
July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more
A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in...more
Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more
Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more