Summer Associate Michael Nathanson also contributed to this article. Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable ...
On January 23, 2016, Applicant Bonnie Floyd filed a utility patent application claiming a cooling blanket with ventilated openings along a matrix of sealed compartments. The utility application ...
Demand for design patent protections has been increasing in the last decade, and there is no indication that this trend will slow down. James Rieke, partner at Merchant & Gould, spoke to Minnesota ...
“Design patents have a unique value within online markets where pictures of products—i.e., ornamental appearances—are ubiquitous and many different groups may be engaged in infringing activities in ...
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...
“The tension between patents and trade dress protection is most evident when the alleged trade dress (or aspects thereof) has been disclosed in a utility patent.” Patents and trademarks protect ...
Design patent counsel are concerned that an upcoming case at the Court of Appeals for the Federal Circuit could result in uncertainty over when design patents are obvious. The Federal Circuit granted ...
Christopher Santone used the US Patent and Trademark Office’s launch of a practice bar specific to design patents to make a ...
The USPTO’s proposal to create a separate design patent bar could open up opportunities for lawyers but risks confusing those who don't understand IP nuances The USPTO should ensure that members of ...
The USPTO issued new guidelines for determining obviousness in utility patent applications in light of the Supreme Court's recent decision in KSR v. Teleflex. In it's announcement, the office also ...
Sun Home Saunas, widely regarded as the best home sauna brand available today, has announced the continued expansion of its intellectual property portfolio, encompassing issued and pending utility ...