News & Analysis as of

Utility Patents Patent Applications

Morgan Lewis

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

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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

Quarles & Brady LLP

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

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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

Farella Braun + Martel LLP

Federal Circuit Notes Patent in Rejecting Trade Dress Protection

As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be nonfunctional. That is, the feature must have been an arbitrary choice added to identify the source...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Troutman Pepper Locke

USPTO Fee Changes Taking Effect January 19, 2025‎

Troutman Pepper Locke on

On November 20, 2024, the USPTO published its Final Rule regarding fee changes to take effect on January 19, 2025 in the Federal Register....more

ArentFox Schiff

USPTO Fee Updates

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The US Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule will take effect on January 19, 2025, and will represent a 7.5% across-the-board increase in USPTO fees....more

Quarles & Brady LLP

Rocket Docket: Fast Track to Examination

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While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown...more

Strafford

[Webinar] Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents - July 10th, 1:00 pm - 2:30 pm EDT

Strafford on

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new...more

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

Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips - April 2024

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the...more

McDermott Will & Emery

Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more

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

2023 Design Patents Year in Review: Analysis & Trends: U.S. District Courts: Significant Design Patent Cases on District Court...

2023 was another busy year for district court decisions! There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Further Transitions to DOCX Format

In an email News Brief distributed today, the U.S. Patent and Trademark Office reminded stakeholders that starting at 12:01 am (ET) on January 17, the filing of new, non-provisional utility patent applications with...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

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

International Lawyers Network

Can You Use Color Drawings or Photographs in Utility Patent Applications?

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the...more

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

2022 Design Patents Year in Review: Analysis and Trends: International Design Law: Global Law and Policy

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...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

Weintraub Tobin

What is a Design Patent?

Weintraub Tobin on

A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. ...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Quarles & Brady LLP

Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

Quarles & Brady LLP on

A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales,...more

Procopio, Cory, Hargreaves & Savitch LLP

Utility Model Patents in Southeast Asia: What You Need to Know

In our highly competitive global economy, a strong portfolio can prove a key differentiator. One of the fastest-growing markets is Southeast Asia, including Australia and New Zealand as well as the ASEAN countries of Brunei,...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

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

Fish & Richardson

An Overview of Utility Patents in the United States

Fish & Richardson on

What is a utility patent? The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”...more

Jones Day

Balance is Key in Design Patent Claim Drafting

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The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC. ...more

Adler Pollock & Sheehan P.C.

Driving Revenue And Deal Flow Through An Intelligent IP Strategy: Strategies For Smaller And Early-Stage Life Science Companies....

For the life science industry, patents are more than just tools for restricting the commercial activities of direct competitors. Patents are being used more and more to generate substantial additional returns on research and...more

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