Updated March 5, 2024. Applicants responding to rejections and objections can use the Design Patent Pro (DPP) ProSearch database to search for and cite prior design patent application documents and arguments where applicants successfully overcame similar rejections and objections. Should examiners consider such prior examples and arguments? What is their
The prosecution history of USD1,012,864 (Portion of A Plastic Deep Electrical Junction Box) serves as a a reminder of when portions of a solid line can be converted to broken lines and when they cannot under In re Owens, 710 F.3d 1362 (Fed. Cir. 2013). In App, 29/711,198, Figs. 5
Why Get A Design Patent? Historically, design patents have enjoyed a mixed reputation. Many are relatively easy to obtain and to design around, which has given them a reputation for being a limited form of protection. But case law following Egyptian Goddess v. Swisa has shown that design patent law
Prosecution history estoppel (PHE) may prevent a finding of infringement when the patentee originally claims the matter alleged to infringe but then narrows the claim in response to a rejection during prosecution. PHE applies when: (1) there is a “surrender of claim scope” during the prosecution of the asserted design
In Hydrojug, Inc. v. Five Below, Inc., plaintiff moved for a preliminary injunction over design patent D887,202 (Container Top). The Court granted the preliminary injunction, finding the accused product was identical to the patented product. The Court also found irreparable harm was established based on multiple examples of customers either