“The notion of patent-eligible subject matter applies only to utility patents. As a result, the enforcement of design patents avoids this potential area of dispute and attendant risk of invalidation, ...

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 ...

Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual ...

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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 ...

July 31, 2023 - Design patents and utility patents have co-existed in harmony — each staying in its own lane, covering its own subject matter — for over 180 years. The U.S. Patent Act was enacted in ...

Design patents, like utility patents, are required to comply with a requirement that an applicant's design is non-obvious. 35 U.S.C. §§103, 171. But design patents protect the non-functional aspects ...

The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging ...

The number of granted design patents has tripled over the past 10 years. To find out why — and how design patents are being used to secure value for innovative products — Bruce Berman interviews IP ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

June 1, 2022 - In our last article, we discussed the implications of NFTs and how intellectual property rights could be used to protect them. In this article, we will explore the availability and ...

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 ...