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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

As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and potentially counterfeit products being sold. This is particularly true when the product being sold is a simple disposable or replaceable product, such as a refill cartridge, a duster refill or a coffee pod.Continue Reading Indispensable Strategies for Protecting Disposable Products

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines or recommendations detailing partial claiming that is and is not acceptable after partial claiming in Chinese design patents became permitted on June 1, 2021. Still, trends have begun to emerge in some aspects of partial claim interpretation with respect to design titles, independent and complete design units, surface indicia and patterns, dividing lines, and simple geometric shapes. This post provides an update regarding the interpretation of independent and complete design units for partial design claims and offers guidance for protecting articles of varying sizes. Continue Reading The Moving Target of “Complete Design Units” in Chinese Law

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

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners.  Since the rule change allowing partial claiming for Chinese design patents took effect on June 1, 2021, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines detailing what is and is not permitted.  However, certain patterns have emerged from the tranche of partial design claims that have been refused or allowed so far, especially regarding design titles, independent design units, patterns/surface indicia, unconnected claims, dividing lines, and simple geometric shapes.  From these patterns, there are several guideposts that applicants can use to navigate the uncertain waters of partial design claiming until a formal statement from the CNIPA is released.Continue Reading The Moving Target of Partial Design Protection Under Chinese Law

As we have previously written about here, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex, 550 U.S. 398 (2007), which significantly broadened the obviousness inquiry for utility patents beyond the classic Teaching Suggestion Motivation (“TSM”) test.  The Rosen/Durling Standard was originally set forth in In re Rosen, 673 F.2d 388 (CCPA 1982) and both upheld and further clarified by the Federal Circuit in Durling v. Spectrum Furniture Co., 101 F.3d 100 (Fed. Cir. 1996).  The Standard first requires the identification of a proper primary or Rosen reference, which is “a single reference, ‘a something in existence, the design characteristics of which are basically the same as the claimed design’” and then the modification of the primary reference with a secondary reference. Durling, 101 F.3d at 103 (quoting Rosen, 673 F.2d at 391). Continue Reading Design Patent Obviousness Inquiry Is Up for Review at the CAFC

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters.

There was a range of programming at Design Day, including remarks from Derrick Brent…

Save the Date to Attend the 16th Annual USPTO Design Day

The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

Registration will be made available in April 2023, and we will share the sign-up link with our blog readers at that time.  Quarles’ design patent attorneys have spoken at previous Design Days and will once again be in attendance at this year’s event.Continue Reading SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023