The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of ...

Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their ...

Christopher Santone used the US Patent and Trademark Office’s launch of a practice bar specific to design patents to make a ...

“We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the ...

“[O]ur elimination of the rigid Rosen-Durling test is compelled by both the statute and Supreme Court precedent.” – CAFC opinion But in June 2023, the court granted an increasingly rare en banc review ...

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 ...

Firms reflect on how they’re managing their design patent practices as brands seek to enforce their rights at the Northern District of Illinois and beyond Design patent litigation has spiked in recent ...

A registered community design, often referred to as an "RCD," is the European equivalent to a U.S. design patent. Similar to a U.S. design patent, an RCD only protects the ornamental or outward ...

(CNN) — Apple convinced a federal jury on Friday that health monitoring tech company Masimo’s smartwatches infringe two of its design patents. The jury, in Delaware, agreed with Apple that Masimo’s W1 ...