#design-patents

[ follow ]
#federal-circuit
fromPatently-O
3 days ago
Intellectual property law

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
fromIPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Appealing Designs: Federal Circuit Goes Back to School on Design Patents

Divergent Federal Circuit design patent rulings complicate infringement assessment, valuation, and settlement while jurisprudence evolves on prior art, Section 337, and obviousness.
Intellectual property law
fromPatently-O
3 days ago

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
Intellectual property law
frompatentlyo.com
1 month ago

Untethered: USPTO Loosens the Article of Manufacture Requirement for Digital Designs

The USPTO relaxed design patent rules for computer-generated interfaces and icons, removing display panel requirements, allowing 'for' prepositions in claims, and extending eligibility to projected, holographic, virtual, and augmented reality designs.
Intellectual property law
fromPatently-O
2 months ago

Find the Differences vs Substantial Similarity: Chief Judge Moore Challenges Federal Circuit's Design Patent Infringement Framework

Federal Circuit affirms non-infringement; the application of the "plainly dissimilar" standard is criticized as diverging from the Supreme Court's "substantially similar" test.
fromPatently-O
4 months ago

The Surprising Headline of 2025: USPTO Stability?

The USPTO issued ~325,800 utility patents in calendar year 2025, a figure virtually unchanged from the ~325,600 issued in 2024. This stability marks another year in what has become a post-pandemic plateau for utility patent issuances, with annual totals hovering around this mark since 2021. The days of dramatic year-over-year growth appear to be behind us, at least for now. Over the past two years, allowance rates have also remained virtually unchanged.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
9 months ago

CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too

"We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the Patent Office during prosecution."
Intellectual property law
fromPatently-O
1 year ago

The Priority Paradox: In re Floyd Highlights the Dual Standards of Written Description and Anticipation

The claimed design is a cooling blanket -- with the drawings showing a 6x5 array pattern. The priority filing included a 6x6 array, a 6x4 array.
Intellectual property law
[ Load more ]