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- Design Patent Risk Can Turn on the Record Before a Jury Ever Compares the Products
- Design Patents Did It: How China Passed Japan in US Patent Grants
- Design Patent Summary Judgment and Permanent Injunction Against Schedule A Defendant
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Design Patents Did It: How China Passed Japan in US Patent Grants
China passed Japan in US patent grants in 2024, but the margin is almost entirely design patents. Japan still leads in utility patents. Continue reading this post on Patently-O.
Design Patent Summary Judgment and Permanent Injunction Against Schedule A Defendant
GZ Long Ya Trading Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 24-cv-4193, (N.D. Ill. Apr. 24, 2026) (Holleb Hotaling, Mag. J.). Mag...
Fed. Circ. Should Redefine Functionality In Design Patents
The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity...
'Extraordinary' Design Patent Expert Perry Saidman Dies At 81
Perry J. Saidman, a vanguard in the field of design patent law and described by his peers as a one-of-a-kind "mensch" with a quick wit and sharp sense of humor, has died. He was 81...
Must All Good Things Come to an End, Or Can You Obtain a Perpetual Design Patent?
Many intellectual property rights peacefully coexist because they apply to distinct aspects of a product. Issues can arise when intellectual property rights that expire and intelle...
Comparing Patent Drawings and Accused Product Photos Suffices to State a Design Patent Infringement Claim at the Pleadin...
Juncheng Kao v. Hengda Kite, No. 25 C 8491, (N.D. Ill. May 26, 2026) (Alonso, J.). Judge Alonso denied defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss in this design patent...
Jepson and Other Point-of-Novelty Claims in U.S. Patents, 1976–2026
Point-of-novelty claims are rare: Jepson claims appear in 0.03% of U.S. patents, and the European two-part form in well under 1%. Continue reading this post on Patently-O.
IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense. The post IP Prot...
DesignPatentDaily / Origin Myth Map / Magnifying Desk Lamp
Recomendo - issue #532
Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit
The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, say...
A Toothbrush, a Lost Patent, and 170 Years of Claim Drafting
Toothbrush patents reveal how claim drafting evolved from omnibus and Jepson claims to replacement heads, manufacturing, software, and sensors. Continue reading this post on Patent...
Appleton’s BenShot sues Petco over pint glass patent
Appleton-based BenShot sues Petco for patent infringement, alleging the retailer copied its golf ball pint glass design and seeking damages and a recall. The post Appleton’s BenSho...
The Patent Circuit: Marking Duties For Licensed Tech
The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the qu...
Part B: Absolute grounds for refusal
Includes chapters on definition of a design, novelty and individual character, technical function, morality and emblems.
ITC To Review Part Of Judge's Decision In Tool Patent Row
The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in...
Seeing More Clearly: Patent Marking Compliance in the Wake of VDPP v. Volkswagen
Vespa Just Trademarked Its Shape, So How Vespa-Like Is Too Vespa-Like Now?
Europe agrees that a Vespa looks like a Vespa. Now comes the awkward part of deciding what else looks too much like one.
Registered Designs Examination Practice guide
This guide provides information on how design applications are examined in respect of national applications filed at the UK Intellectual Property Office.
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