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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
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
A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an...more
Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been...more
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
In February 2015, the United States completed steps to become a member of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement). The Hague Agreement went into effect for the...more
The U.S. Patent and Trademark Office recently published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). Starting May 13, 2015, U.S.-based applicants...more
On April 2, the U.S. Patent and Trademark Office (USPTO) issued Final Rules to implement the provisions of the Hague Agreement concerning the international registration of industrial designs. The Agreement is effective in the...more
A design patent has long been available in the United States for protecting the ornamental appearance of an article of manufacture (sometimes referred to as an "industrial design"). Thus, design patents can be generally...more
In early February 2015, the U.S. announced that it had deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement) with...more
Today, February 13, 2015, the United States deposited with the World Intellectual Property Organization (WIPO) its instrument of accession to the Hague Agreement Concerning International Registration of Industrial Designs...more