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Patent-Eligible Subject Matter › Design Patent › Intellectual Property Protection

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

Dunlap Bennett & Ludwig PLLC on

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Sheppard Mullin Richter & Hampton LLP

Highlights of Revised Regulations for Implementing Patent Law of China

Sheppard Mullin Richter & Hampton LLP on

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more

AEON Law

Patent Poetry: Patent Office Publishes Guidelines on Computer Related Designs

AEON Law on

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. In December 2020, the USPTO sought...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

Levenfeld Pearlstein, LLC on

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

AEON Law

Patent Poetry: Federal Circuit Rules on “Comparison Prior Art” in Design Patent Infringement

AEON Law on

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design...more

Polsinelli

Design Patent Holders Rejoice, but Challengers Face an Uphill Battle

Polsinelli on

Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that...more

Harris Beach PLLC

Intellectual Property Law: Year in Review 2021

Harris Beach PLLC on

Specification and Prosecution History Narrow the Plain Meaning of “0.001%.” The claim at issue included a concentration of 0.001% of PVP. The term’s plain meaning is 0.001% within one significant figure (i.e., 0.0005% to...more

Quarles & Brady LLP

A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law

Quarles & Brady LLP on

On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

Chambliss, Bahner & Stophel, P.C. on

You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2019 #3

Schwabe, Williamson & Wyatt PC on

PATENT CASE OF THE WEEK - Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2018-1329, et al. (Fed. Cir. Nov. 13, 2019) - This week’s Case of the Week strikes close to home,...more

Knobbe Martens

Patent Basics for the Aerospace Industry

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Associate Tom Cowan presented "Patent Basics for the Aerospace Industry," at the Space Foundation Space Commerce Workshop at the Aerospace Corporation in El Segundo, California. As the keynote speaker for the event, Tom...more

Mintz - Health Care Viewpoints

Strategies to Unlock AI’s Potential in Health Care, Part 1: Common Pitfalls to Avoid When Getting a Patent

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As in any area of technology, it is important to consider patent protection early in the development of an AI-related invention. However, AI and other digital health inventions raise a number of particular issues that, if not...more

Kilpatrick

KT Design Patent Primer: Patent Eligibility of Articles “Hidden in Use”

Kilpatrick on

Q: Is an article “hidden in its normal use”’ eligible for design patent protection? A: Yes, an article “hidden in use” is protectable so long as the ornamental features are of consumer concern at some point in its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guidelines for Drafting and Prosecuting U.S. Design Patents

McDonnell Boehnen Hulbert & Berghoff LLP on

In the wake of the ongoing Apple v. Samsung saga, design patents are becoming increasingly popular as an additional or alternative mechanism to protect inventions. This article focuses on drafting and prosecuting U.S. design...more

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

The Goods on IP - July 2018: The Hague System for the Registration of International Design Welcomes Canada

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

The Hague Agreement, the international registration system for industrial designs, continues to grow as Canada will become its newest member on November 5, 2018. As we reported back in January, Russia also joined the Hague...more

Weintraub Tobin

Patent Myths Corrected – Part One

Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Foley & Lardner LLP

District Court Rejects Efforts To Invalidate Design Patents on Automobile Parts

Foley & Lardner LLP on

In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more

Knobbe Martens

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

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What is “Intellectual Property” (IP)? •Exclusive Rights to Certain Intellectual Products (Ideas) –Necessary due to the “non-rivalrous” nature of ideas: •“He who receives an idea from me, receives instruction...more

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