Posts Tagged: design patents


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 you can use procedural mechanisms available at the Patent Office to expand …

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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 Federal Circuit has the opportunity to address the interplay of Teva with …

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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’s Final Rules are all expected to go into effect on May 13, 2015. …

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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 causation can give meaning to the language of § 289 and its legislative history, …

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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 resurgence of the U.S. automotive industry, Ford improved its standing among …

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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 was the highest one year growth seen since reporting started in 2004... President …

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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 you do not obtain a patent you have no exclusive rights. This …

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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 Secretary of Commerce Penny Pritzker at Langdon Education Campus in Washington, DC. …

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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 United States Court of Appeals for the Federal Circuit unanimously ruled en …

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Although the first Patent Act was enacted in 1790, it was not until some 52 years later that the US patent laws were modified to allow for the patenting of ornamental designs. In 1842 a statute was passed to provide for, among …

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It’s amazing how fast a successful product is counterfeited and how brazen the copying is. The figure above illustrates what counterfeiting looks like. Counterfeiters copy everything….except price and quality. They copy the shape, the color, and the …

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Broadening coverage by refiling cases has been a very effective strategy for Apple. The child patent, D593,087, was one of the patents they successfully enforced against Samsung at trial. The grandchild patent, D618,678, is currently being asserted against Samsung …

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