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Patent Applications Patent Prosecution Design Patent

Morgan Lewis

Priority Catch-22: Federal Circuit Chills Design Patent with Rejection of Priority Claim

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently issued a decision that highlights a risk in design patent prosecution—specifically, attempting to claim priority to a utility application. In re Floyd, the Federal...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2023 #3

Personalized Media Communications, LLC v. Apple, Inc., Appeal No. 2021-2275 (Fed. Cir. Jan. 20, 2023) Our Case of the Week focuses on the doctrine of prosecution laches. Following a bench trial on the issue held shortly...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Everything You Always Wanted to Know About Design Patents But Were Afraid to Ask - September 28th, 1:00 pm - 2:00 pm EDT

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

Procopio, Cory, Hargreaves & Savitch LLP

What You Should Know About Seeking Patent Protection in Vietnam

As Vietnam rises as a consumer market, research hub and manufacturing center, patent rights are becoming increasingly important. In this podcast, Procopio Asia Pacific group leader and IP Partner Miku Mehta discusses with...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] 2021 Design Patents Year in Review: Analysis and Trends - March 1st, 1:00 pm - 2:00 pm EST

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions - February 17th, 1:00 pm - 2:00 pm EST

Sterne, Kessler, Goldstein & Fox invites you to a webinar, "Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions," on Thursday, February 17, 2022. In conjunction with the release of the firm's...more

Mintz - Intellectual Property Viewpoints

Are Design Patents Missing From Your IP Portfolio?

A design patent protects the visual ornamental characteristics of an article, including consumer and industrial products, medical devices and related tools, sports equipment, jewelry, product packaging, and even web-based and...more

Mintz - Intellectual Property Viewpoints

Lessons about Prosecution History Estoppel and Design Patents from Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co.

Patent practitioners are probably well familiar with circumstances in which prosecution history estoppel can limit the scope of a U.S. utility patent’s claims. Examples include claim amendments and statements made by the...more

McDermott Will & Emery

Be Careful What You Draw: Prosecution History Estoppel Applies to Design Patents - Pacific Coast Marine v. Malibu Boats, LLC

Addressing for the first time the applicability of prosecution history estoppel in design patent cases, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, holding that while prosecution history...more

K&L Gates LLP

New Proposed USPTO Rules for International Design Protection

K&L Gates LLP on

U.S. design patents and their international counterparts (generally termed “industrial designs”) protect the ornamental appearance of an article of manufacture. Design protection has been the subject of increased attention...more

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