By Patrick MillerThe State Intellectual Property Office of China (SIPO) recently issued an order indicating that design patent protection for Graphical User Interfaces (GUIs) will soon be available in China. The order, which provides amendments to a number of sections of the Guidelines for Patent Examination, follows as an update to a previously released draft amended version of the Guidelines for Patent Examination, and becomes effective on May 1, 2014.
| March 25, 2014
Notably, designs directed to human-computer interactable GUIs, including dynamic or animated GUIs, will be protectable. However, the new provisions exclude protection for designs not directed to a product’s function or human-computer interaction, such as wallpaper on an electronic screen, turn-on/turn-off screens and graphical layout and text of a webpage.
By Anne-Raphaelle AubryInternational Mulch Company, Inc. (Mulch) filed a complaint requesting declaratory judgment against Novel Ideas, Inc. (Novel) in the Eastern District of Missouri Eastern Division on March 11, 2014 (4-14-cv-00446).
| March 14, 2014
In the complaint, Mulch requested a Declaratory Judgment of patent non-infringement and invalidity of two design patents owned by Novel, US D640,268 (’268) and US D654,191 (’191), both directed to flexible landscape edging.
By Philippe SignoreThe United States Patent and Trademark Office (Office) has adopted an interim rule, effective March 5, 2014, pertaining to Continued Prosecution Applications (CPAs), which are only available for design patent applications.
| March 10, 2014
A CPA is typically filed when prosecution on the merits is closed in a design patent application. For example, after the Examiner issues a final rejection in a design application, the Applicant may file a CPA in order to continue prosecution in front of the Examiner, instead of appealing the final rejection to the Patent Trial and Appeals Board. A Request for Continued Examination (RCE) is not allowed in a design patent application.
By Anne-Raphaelle AubrySkyline USA, Inc. (Skyline) recently filed two complaints asserting infringement of a design patent directed to a combined flashlight and stun gun.
| February 25, 2014
In the first complaint filed February 7, 2014, Skyline alleged infringement by Cutting Edge Products, Inc. (Cutting Edge), in the Middle District of Florida, Orlando division (6:14-cv-212-ORL-36GJK).
By Anne-Raphaelle AubryOver the past 6 months the Gillette Company (Gillette) has filed two different complaints asserting infringement of numerous design patents to protect several of its razor blade related products. In the first case, Gillette recently obtained a consent judgment, illustrating the value of design patents in its patent portfolio. The second case is ongoing.
| February 11, 2014
First, on October 10, 2013, Gillette filed a complaint against BK Gifts, BK Razors, Brian Patrick, Kim Murry, and Zilo Store, Inc. (collectively, “Defendants”), in the Southern District of Ohio (Gillette Company v. BK Gifts, transferred to the Northern District of Ohio, Docket No. 3-13-cv-02241-1).