News & Analysis as of

Design Patent Intellectual Property Protection

Husch Blackwell LLP

Beyond Utility: How to Protect Corporate Value with Design Patents

Husch Blackwell LLP on

Utility patent protection is typically the first thing that comes to mind for protecting a product; however, such protection may not be available when the product has been on the market a long time or is dominated by...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio - April 10th, 12:00 pm - 1:00 pm ET

Protecting your intellectual property requires a strategic, multi-faceted approach—are you making the most of your IP assets? Join us for a webinar, where we will cover key considerations for trade secrets, design patents,...more

Quarles & Brady LLP

Recap of 2024 U.S. Design Patent Drama: Here’s What We Know Now

Quarles & Brady LLP on

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court...more

A&O Shearman

Federal Circuit Expands Economic Prong Of Section 337 Domestic Industry Requirement

A&O Shearman on

Lashify, Inc. is an American company, with headquarters and employees in the United States, that distributes, markets, and sells eyelash extensions (and cases and applicators for the eyelash extensions) in the United States....more

Quarles & Brady LLP

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

Quarles & Brady LLP on

“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more

Bond Schoeneck & King PLLC

Trade Dress Registration – Practical Considerations for Product Manufacturers

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and...more

Quarles & Brady LLP

Best Practices for Protecting Transparent and Translucent Designs

Quarles & Brady LLP on

Design patents in the U.S. typically include two types of shading. The first and most common type of shading used in U.S. design patents is opaque shading, which illustrates a non-transparent or non-translucent surface of an...more

ArentFox Schiff

IPO Introduces Survey to Steer Future of UK Design Law

ArentFox Schiff on

On February 25, the United Kingdom (UK) Intellectual Property Office (IPO) launched a survey to collect feedback on potential changes to the UK’s design protection framework. The goal is to ensure that the system remains...more

Jones Day

CJEU Grants Jurisdiction Over Foreign IP Infringement Cases

Jones Day on

The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more

Quarles & Brady LLP

Sometimes Less is More: Patentability of “Simple” Designs

Quarles & Brady LLP on

When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. Rather...more

K&L Gates LLP

Fashion Law Update – February 2025

K&L Gates LLP on

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

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

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more

Fish & Richardson

The Most Interesting Appellate Cases of 2024

Fish & Richardson on

Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Harris Beach Murtha PLLC

USPTO Filing Fee Changes

New fees affecting trademarks and patents have taken effect at the United States Patent and Trademark Office (USPTO). The new fee structures will dramatically influence trademark and patent filings. Applicants need to rethink...more

Irwin IP LLP

2024 Patent Landscape -- Year In Review

Irwin IP LLP on

Over the course of 2024, the patent law landscape has continued to evolve as significant court rulings and emerging technologies shaped its direction. During 2024, activities at the Supreme Court, the Federal Circuit, various...more

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

2024 Design Patents Year in Review: Analysis & Trends - Global Shifts in Design Law and Policy

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

Quarles & Brady LLP

While There is an Active Utility Application, There is Design Hope

Quarles & Brady LLP on

Like many patent owners or aspiring patent owners, at some point you may have found yourself in a situation where design protection was needed, but all you had was narrow utility protection. ...more

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

2024 Design Patents Year in Review: Analysis & Trends - Design Patents at the PTAB: 2024 in Review

Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more

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

2024 Design Patents Year in Review: Analysis & Trends - ITC Design Patent Trends: Analyzing Outcomes Through 2024

The U.S. International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents. Although the Commission issued no remedial...more

Volpe Koenig

Designs on Trial: Comparing U.S. and EU Design Protections Post-LKQ

Volpe Koenig on

The landscape of design protection has seen significant developments on both sides of the Atlantic, with the U.S. undergoing a pivotal shift in design patent law following the Federal Circuit’s decision in LKQ Corporation v....more

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

2024 Design Patents Year in Review: Analysis & Trends

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

Jones Day

USPTO Launches Significant Patent Fee Increases

Jones Day on

The U.S. Patent and Trademark Office ("USPTO") raised patent fees and introduced new surcharges....more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the...

K&L Gates LLP on

New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025

From potential legal challenges to Chinese biopharma supply chains, Europe’s new Unified Patent Court (UPC), landmark decisions in life sciences, pharma’s Orange Book listings, design patent rejections, and likely shifts at...more

Womble Bond Dickinson

Action Recommended in View of Upcoming Fee Increases for Design Patents

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications....more

316 Results
 / 
View per page
Page: of 13

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide