For technology companies navigating the increasingly hostile terrain of software utility patent protection and Section 101 rejections, design ...

On March 13, 2026, the United States Patent and Trademark Office (USPTO) published supplemental examination guidance in the Federal Register addressing design patent applications that claim ...

On March 12, 2026, the U.S. Patent and Trademark Office (“USPTO”) released new guidance[1] (the “Guidance”) that updates prior USPTO ...

The design patented Nov. 16, 1915 is still recognizable today: the Coca-Cola bottle, one of the first examples of a beverage ...

“[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 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 ...

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 ...

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 ...

An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming ...

(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 ...

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