Posts Tagged: design patents


Apple Design Patent Rejected in Reexamination by USPTO

Earlier this month the Central Reexamination Unit of the United States Patent and Trademark Office (USPTO) issued a non-final rejection of an Apple design patent at the …
10 days ago 6

Court Reverses Indefiniteness Under Nautilus; Design Patents for Surgical Shears are Valid

Ethicon sued Covidien in the Ohio district court for infringement of utility and design patents directed to ultrasonic surgical shear devices. The court granted Covidien’s motions …
15 days ago 0

Design Patents 101 – Protecting Appearance Not Function

Design patents are, in my opinion, an unfortunately overlooked patent. While a single design patent is a weak form of protection, they can be obtained quickly, rather …
1 month ago 5

Patent Strategy: Building a patent portfolio with meaningful rights

Last week I wrote about adopting a patent strategy in order to lay the foundation for success. What the article did not touch upon, however, is how …
4 months ago 1

Teva and What It Means for Apple v. Samsung and Design Patents

Two independent errors warrant reversal, but to be fair, the district court did not have the benefit of the Supreme Court’s decision in Teva. Now, the …
6 months ago 3

Hague Agreement on Designs goes into effect on May 13, 2015

The USPTO will soon publish the Final Rules governing processing and examination of international design applications filed pursuant to the Hague Agreement. The Agreement and the USPTO’…
7 months ago 3

An Opportunity for Clarity in Design Patent Damages

The Federal Circuit has a unique opportunity to clarify the law concerning damages under § 289 in the Apple v. Samsung case. Focusing on the scope of infringement and …
8 months ago 2

2014 IPO Report Shows Continued Growth for Design Patent Filings

Nike saw the largest increase in grants of any company. The Oregon company secured 159 more design patents than in 2012, and jumped from 10th to 3rd. Accompanying the …
1 year ago 0

World Intellectual Property Indicators 2013: Design Patent Highlights

The past decade has seen tremendous growth in design patent filings, increasing from 582,000 in 2004 to over 1,217,000 in 2012 worldwide. In 2012, the 17% growth over the prior year in applications …
1 year ago 0

Obtaining Exclusive Rights for Your Invention in the United States

Unlike copyright and trademark protection, patent protection will only exist upon the issuance of a patent, which requires you to file a patent application. Simply stated, if …
1 year ago 0

U.S. Patent and Trademark Office Issues 700,000th Design Patent

The Department of Commerce’s United States Patent and Trademark Office (USPTO) today commemorated the issuance of the 700,000th design patent during a ceremony with United States …
1 year ago 0

Design Patent Infringement: How to decide if you should sue

First, look at the merits of the infringement claim. They may be stronger than you think, and you can thank a 2008 ruling for that. That year, the …
1 year ago 1