Leveraging Free Online Tools for DIY Patent Searches: A Guide for Garage Inventors

By Connor S. Williams

You’ve got an invention—now what? Protecting your work may be the next step, but perhaps you’re unfamiliar with the patent system, don’t know any patent attorneys, or don’t really want to reach out for fear of incurring attorney’s fees. Below I provide two free resources for checking to see if it is worth your time […]

Diplomatic Conference to Conclude and Adopt a Design Law Treaty

By Gregory Lars Gunnerson

The USPTO has concluded seeking comments from the public on negotiations at the World Intellectual Property Organization (WIPO) regarding a proposed Design Law Treaty (DLT). A diplomatic conference to finalize the treaty will soon be conducted in Riyadh, Saudi Arabia, November 11-22, 2024. The comments were intended to inform U.S. government participation in the diplomatic […]

Beyond the Basics: Leveraging Secondary IP to Protect and Elevate Coffee Shop Branding in a Crowded Market

By Sarah M.D. Luth

In the crowded coffee shop and roastery industry, establishing a unique brand identity is essential to standing out among competitors. While protecting “central” intellectual property (IP) like brand names, logos, and domain names is absolutely critical, strategically identified and maintained “secondary” intellectual property provides a key avenue through which to establish a strong brand identity […]

The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED

By Gregory Lars Gunnerson

The long-standing Rosen-Durling test used to assess nonobviousness of design patents required a primary reference must be “basically the same” as the challenged design claim, and further that any secondary references must be “so related”. The Federal Circuit had never considered the merits of the Rosen-Durling test. Hearing LKQ Corp. v. GM Glob. Tech. Operations […]

Improvements in the Brazilian Design Patent Practice

By Gregory Lars Gunnerson

Our esteemed colleagues at Daniel IP report to us that there are exciting new rules that have come into effect for designs in Brazil. They authored the following summary of the new laws. We believe this summary will be extremely useful to many U.S. Applicants considering protection in Brazil in the design space. We highly […]

USPTO Proposes New Rules that Would Create a New Design Patent Practitioner Bar

By Joseph M. Hallman

On May 16, 2023, the USPTO published proposed rules that provide for the creation of a new design patent practitioner bar. The proposed design patent practitioner bar would provide for a new designation of practitioner able to practice before the USPTO. This newly proposed designation allows individuals to be classified as design patent practitioners wherein […]

Design Patents Just Got Easier

By Kirk M. Hartung

In a short, four page, precedential opinion issued on October 4, 2021, the United States Court of Appeals for the Federal Circuit held that design patents are limited to specific articles of  manufacture, and not a design in the abstract. In re Surgisil, L.L.P., case number 2020-1940. The patent applicant, Surgisil, filed a design patent […]

Right to Repair: Infringement or Exhaustion Part 2

This post is part 2 of a series of posts relating to a person’s right to repair your purchased products. Part 1 discussed the general background and several policy arguments surrounding both sides of this issue. This post will discuss the main patent laws and legal doctrine related to the right to repair. The central […]

Design Patents and Indefiniteness

By Luke T. Mohrhauser

            In a recent decision, the Federal Circuit addressed indefiniteness and enablement issues under 35 U.S.C. § 112 as they apply to design patent applications. In In re: Ron Maatita, the court held that two-dimensional drawings in design patents can meet the definiteness and enablement requirements under § 112, and that the determination includes, at […]

No Sympathy for Samsung

By Gregory Lars Gunnerson

In May, an eight-member California federal jury awarded Apple a staggering $500+ million verdict as a result of a patent litigation lawsuit that has been ongoing for at least 7 years. The verdict has proved to be particularly puzzling for patent law professors and other patent advocates that disagree over whether an article of manufacture in relation […]