Is it possible that adding more specificity and detail to a design claim can render the claim indefinite and non-enabled under 35 U.S.C. 112? According to the USPTO, the answer is: yes.
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The Moving Target of Partial Design Protection Under Chinese Law
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…
Design Patent Obviousness Inquiry Is Up for Review at the CAFC
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…
Computer-Generated Electronic Images & The Article of Manufacture Requirement: The USPTO Declines to Extend Subject Matter Eligibility to “Disembodied” Designs
In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post,…
New USPTO Design Patent “Bar” to be Created in 2024
The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited…
Navigating Partial Design Rejections in China
As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese partial claim design…
The Blue Turf of Boise State: On “Service” Dress and the Creation of Source Identification
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. …
Design Patents are Heating Up at the Federal Circuit, Again
Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear North America, Inc. v. Seirus Innovative…
AI & IP: A Not-so-Perfect Pairing
The recent proliferation of useful Artificial Intelligence (“AI”) tools for tasks like text, image, music, and software code generation is all the rage. In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools…