The 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.

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.



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Skyline USA, Inc. (Skyline) recently filed two complaints asserting infringement of a design patent directed to a combined flashlight and stun gun.

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).


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Over 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.

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).


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On February 6, 2014, the USPTO published in 79 FR 7971

  1. a notice that it will be hosting a roundtable event on March 5, 2014, from 1:00 p.m. to 4:00 p.m.; and
  2. a request for written comments on the following topics for discussion at the roundtable event.  Registration is required to attend in-person or by webcast.  Requests for participation as a speaker must be made in writing by February 14, 2014.  The USPTO has also published additional information on its website.
The topics for written comments and discussion at the roundtable event include:


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As previously reported, on November 29, 2013, 78 FR 71869 was published as a proposed rule to implement the Hague Agreement. 

On February 4, 2014, the Intellectual Property Owners Association (IPO) submitted comments on the proposed Hague rules.


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