While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown below, over the previous year the average length of time from a design application filing date to the date that a first Office action was mailed was 16.7 months (Figure 1, below). In the month of July 2024, that average had crept up to 17.1 months. In the consumer product space especially, given the sometimes short shelf-life of a product, such a long examination pendency may not be suitable for a design patent applicant.Continue Reading Rocket Docket: Fast Track to Examination
Rachel Ackerman
Rachel focuses on domestic and international patent portfolio growth and management. She assists with the preparation and prosecution of patents and has experience drafting comprehensive patentability reports as well as performing in-depth research for inventors.
RECAP – 17th Annual USPTO Design Day
Quarles & Brady Partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, Partner Michael Piery, Associate Rachel Ackerman, and patent professionals Harrison Powell and Audrey Jacobson attended the 17th Annual USPTO Design Day on May 9, 2024 at the USPTO’s Headquarters in Alexandria, Virginia.Continue Reading RECAP – 17th Annual USPTO Design Day
Protecting the Product: Beauty Products
The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating into those profits.
In this post, we will address how design patents and trade dress can be employed to provide protection for various beauty-related tools and products.Continue Reading Protecting the Product: Beauty Products
Combing Through Design Patents
The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. Continue Reading Combing Through Design Patents
Flawless Legs and a Shaved Head? An Ordinary Observer Can Tell the Difference
In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. Skull Shaver LLC. v. IdeaVillage Products Corp., No.18cv3836 (EP) (AME) (D.N.J. Dec. 28, 2022). In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S. D853,645 (“the D’645 patent”). Continue Reading Flawless Legs and a Shaved Head? An Ordinary Observer Can Tell the Difference