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Protecting the Product

Protecting the Product™: Software

By James Aquilina & Justin DeAngelis

April 21, 2021

Hands using mobile payments, Digital marketing, Banking network. Online shopping and icon customer networking connection on virtual screen, Business technology concept

This is the first article in a planned series that will analyze available design protection strategies for various categories of products. Now that the era of work-from-anywhere and software-for-any-service has fully arrived, obtaining proper legal protection for software is paramount for many companies. However, due to an expansive interpretation by courts of the “abstract idea” exception to utility patent eligibility in recent years, protection for software-based systems and methods via utility patents has…

Protecting the Product

Quick Take on Results of USPTO Request for Comments on Article of Manufacture Requirement for Designs

By Joe Ambrose

March 8, 2021

The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on December 21, 2020, requesting comments from the public related to the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171. In particular, the USPTO asked whether the article of manufacture requirement should be revised to encompass “disembodied” designs made perceptible by new and emerging technologies. The comment period closed on…

Protecting the Product

Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents

By Michael Piery

January 25, 2021

The Federal Circuit’s recent decision in Super-Sparkly Safety Stuff, LLC v. Skyline USA, Inc. reinforces best practices for design patent enforcement and procurement. An important takeaway from this decision is that when enforcing design patents in litigation, patent owners should develop record evidence from fact and expert witnesses to assist the court in the ordinary observer analysis to ensure that motions for summary judgment of non-infringement are decided with a sufficient record. Another important…

To Be or Not to 340B Blog

The End of a Wild Year for 340B: HHS Issues Advisory Opinion and New GAO Report Sheds Light on HRSA’s Enforcement Pullback

By Brenda Shafer, Richard Davis & David Blank

January 5, 2021

2020 was a tumultuous year for virtually everyone and everything, and the 340B Program was no exception. As we outlined in previous articles, many drug manufacturers have decided that the Health Resources and Services Administration’s Office of Pharmacy Affairs (“HRSA OPA”) guidance on contract pharmacy[1] arrangements is no longer binding. Accordingly, many drug manufacturers have curtailed selling 340B-priced drugs based on contract pharmacy encounters, causing a significant disruption in operations and loss in revenue…

Protecting the Product

Brexit’s Impact on European Design Registrations

By Justin Doop & James Aquilina

January 4, 2021

The United Kingdom (UK) officially withdrew from the European Union (EU) in early 2020, which commenced a transitional period that expired on December 31, 2020. During this transitional period, the UK remained subject to the EU Design System and the design laws of the European Union Intellectual Property Office (EUIPO). However, as of January 1, 2021, the UK is no longer subject to the EUIPO design regime.…

Protecting the Product

Tips and Tools for Sellers to Combat Online Counterfeits During the Holiday Shopping Season

By Joel Tragesser

December 8, 2020

The end-of-year shopping season started strong in 2020 due to the COVID-19 pandemic restrictions that kept many consumers in their homes and buying online. Brand owners and sellers should thus be mindful of the various options at their disposal to stop counterfeit goods from stealing legitimate e-sales and disappointing unsuspecting consumers who are unable to inspect goods when purchasing online.…

Protecting the Product

Augusta National Blazes a Trail to Registration of its Iconic Green Jacket

By James Aquilina

November 10, 2020

Since April 1949, when legendary golfer Sam Snead took the top prize, the winner of the annual Masters Tournament has been awarded a green blazer with gold buttons on the front and sleeves. Now, after more than 70 years of use, that color configuration as applied to a jacket—as shown in the mark image below—has become a federally-registered trademark.…

Protecting the Product

Recent PTAB Guidance on Permissible Drawing Amendments for U.S. Design Applications

By Justin DeAngelis

November 5, 2020

Two recent decisions by the Patent Trial & Appeal Board (PTAB) highlight the nuances of allowable and impermissible drawing amendments during prosecution of U.S. design patent applications, and provide important guidance to design patent applicants on how to prepare their applications to ensure maximum flexibility during prosecution.…

Protecting the Product

Prince’s Estate Makes it Rain Purple on the USPTO

By James Aquilina

November 5, 2020

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Paisley Park Enterprises, Inc., the music publishing company founded by the late artist Prince, recently obtained a federal trademark registration for the purple color shown below known as “Love Symbol #2” in the Pantone Matching System. The registration covers music, video, and motion picture-related recording goods in International Class 009.…

Protecting the Product

New Revisions to Chinese Patent Law Increase Design Patent Harmonization

By James Aquilina

November 5, 2020

The China National Intellectual Property Administration (CNIPA) has recently published a Fourth Revision to the patent laws of the People’s Republic of China, and included in those revisions are several updates that help move Chinese design patent law towards harmonization with the laws of most other major markets. In particular, the following revisions—which will come into effect on June 1, 2021—are the most relevant for Chinese design patent applicants and design patent holders:…

Quarles & Brady LLP

Quarles & Brady LLP Blogs

Blog Authors

Protecting the Product™: Software

Quick Take on Results of USPTO Request for Comments on Article of Manufacture Requirement for Designs

Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents

The End of a Wild Year for 340B: HHS Issues Advisory Opinion and New GAO Report Sheds Light on HRSA’s Enforcement Pullback

Brexit’s Impact on European Design Registrations

Tips and Tools for Sellers to Combat Online Counterfeits During the Holiday Shopping Season

Augusta National Blazes a Trail to Registration of its Iconic Green Jacket

Recent PTAB Guidance on Permissible Drawing Amendments for U.S. Design Applications

Prince’s Estate Makes it Rain Purple on the USPTO

New Revisions to Chinese Patent Law Increase Design Patent Harmonization

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