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jdsupra.com /1 month ago

Design Patents Expand for Digital Products While Courts Signal New Limits on Enforcement

Key Takeaways - The USPTO has expanded design patent protection for digital and emerging technologies. Its March 2026 guidance confirms that graphical user interfaces (GUIs), icons...

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jdsupra.com /1 month ago

All Activity Rings [Patents] Closed—Judge Rochon Grants Motion for Summary Judgment of Non-infringement on Seven Design...

Judge Jennifer L. Rochon (S.D.N.Y.) recently granted Defendant Apple, Inc.’s (“Apple”) motions for summary judgment of non-infringement of seven design patents....By: Patterson Bel...

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jdsupra.com /2 weeks ago

USPTO Reports Faster Design Patent Examinations: What It Means for Seasonal Consumer Products

Key Takeaways - Design patents are powerful tools for protecting the visual appearance of products, packaging, surface ornamentation and other consumer-facing features, particularl...

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natlawreview.com /1 month ago

Design Patents Expand for Digital Products While Courts Signal New Limits on Enforcement

Key Takeaways: The USPTO has expanded design patent protection for digital and emerging technologies. Its March 2026 guidance confirms that graphical user interfaces (GUIs), icons...

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natlawreview.com /2 weeks ago

USPTO Reports Faster Design Patent Examinations: What It Means for Seasonal Consumer Products

Key Takeaways Design patents are powerful tools for protecting the visual appearance of products, packaging, surface ornamentation and other consumer-facing features, particularly...

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jdsupra.com /1 month ago

Leave the Article, Take the Design: USPTO Updates Guidance for Digital Designs to Drop the Depiction Requirement for Com...

On March 13, 2026, and effective immediately, the United States Patent and Trademark Office (USPTO) published a notice of “Supplemental Guidance for Examination of Design Patent Ap...

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jdsupra.com /1 month ago

Key Takeaways: USPTO’s New GUI Design Patent Guidance

The USPTO’s newly updated guidance on graphical user interface (GUI) design patents marks a timely shift toward modern digital realities, offering companies far greater flexibility...

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ipwatchdog.com /1 month ago

Broken Lines are Dashed: USPTO Finally Modernizes Design Patent Guidance for GUIs, VR and AR

For years, design patent practitioners dealing with graphical user interfaces (GUIs) and icons have been shackled to the ghost of Ex parte Strijland. If you wanted to get a case th...

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toybook.com /1 month ago

Sky Castle Toys Granted First Patent for Sticki Rolls

This first patent establishes IP protection for the wearable sticker jewelry. The post Sky Castle Toys Granted First Patent for Sticki Rolls appeared first on The Toy Book.

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patentlyo.com /2 days ago

Hooked on Differences: Design Patent Doctrine and Schedule A Litigation at the Federal Circuit

Pending Fed. Cir. appeal Easlick v. AccEncyc pairs the plainly dissimilar design patent fight with a rare appellate test of Schedule A litigation. Continue reading this post on Pat...

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law360.com /2 weeks ago

Tesla Tumbler Targeted In New MiiR Patent, Trade Dress Suit

Stainless-steel drinkware manufacturer MiiR launched a patent and trade dress infringement lawsuit in Washington federal court on Thursday accusing Tesla of stealing its slim, cyli...

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jdsupra.com /1 month ago

USPTO’s Supplemental Guidance on Design Patents: Key Changes to Requirements for Computer-Implemented and Emerging Digit...

On March 13, 2026, the United States Patent and Trademark Office (USPTO) issued supplemental examination guidance (“supplemental guidance”) addressing long-standing uncertainty sur...

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patentlyo.com /1 month ago

Prior Art Rejection Rates in Design Patent Prosecution

New disposal-based data on Hague design applications shows §103 rejection rates remain near 1% despite LKQ, with a post-decision dip before modest recovery. Continue reading this p...

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jdsupra.com /1 month ago

China’s SPC clarifies the Limits of Design Patents vs Trademarks: Key takeaways from the Puma cases

The Puma Supreme People’s Court case confirms that, where a design patent is challenged on the ground that it conflicts with earlier trademark rights, Chinese courts will assess th...

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law360.com /4 weeks ago

A Fed. Circ. Blueprint For Drafting Medical Device Patents

The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical go...

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likelihoodofconfusion.com /2 weeks ago

Why trade dress beats design patents

Originally posted 2019-03-19 15:16:38. Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader prote...

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natlawreview.com /1 month ago

Beyond the Label – Trademark and Design Protection as a Competitive Edge in Beauty

Brand identity is one of the most powerful assets a beauty company has, and one of the hardest to protect. In an industry where product aesthetics carry as much weight as formulas,...

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illinoislawyernow.com /1 month ago

The Cult of the Copycat: Protecting Your Brand’s Look and Feel with Trade Dress Trademarks

What’s trade dress? If you’re a guitar person, you know which brand is associated with a slanted headstock. If you enjoy vodka, you know which brand is sold in a skull-shaped bottl...

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patentlyo.com /1 month ago

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

Range of Motion en banc petition asks whether the Federal Circuit's 'plainly dissimilar' threshold inverts Gorham's substantial-sameness test for design patents. Continue reading t...

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patentlyo.com /1 month ago

Amazon as Prior Art: The Rise in Design Patent §102 Rejections

Design patent §102 anticipation rejections have risen sevenfold since 2008, driven almost entirely by Amazon and e-commerce listings replacing patents as the dominant source of pri...

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law360.com /1 month ago

Fed. Circ. Upholds Mercedes, VW Headlight Patent Wins

The Federal Circuit on Thursday rejected an Israeli inventor's attempts to revive claims in a trio of patents covering adaptive headlights, handing wins to German automakers Merced...

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jdsupra.com /1 month ago

FMReps Consulting Enterprises, LLC v. Ford Motor Company

This decision provides a clear win for companies facing claims of patent infringement directed to abstract and unpatenable ideas....By: Brooks Kushman P.C.

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jdsupra.com /1 month ago

Building Lasting IP Protection

Most companies think about patents, trademarks, and trade secrets separately. Patents protect a product. Trade secrets protect how a product is made. Trademarks protect the product...

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law360.com /1 week ago

Patent Suit Puts Drum Carrier Function Over Form, Court Told

Counsel for a Japanese musical instrument manufacturer asked a Pennsylvania federal judge Wednesday to toss a patent infringement case it's facing from drum-maker Pearl Musical Ins...

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