IP Law Watch

Legal issues, law and regulations concerning the world of IP.

 

1
UKIPO Issues Guidance on Design Applications for Products Consisting of Multiple Components
2
Be Very Mindful When it Comes to Social Media Trends and Trade Marks
3
Upcoming Patent and Design Fee Changes, Including Important Excess Claim Fee Modifications: Australia
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5
Federal Circuit Clarifies Scope of Estoppel Provision and Provides Guidance on “Patentably Distinct” Claims
6
US$18.3 million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard
7
Historic 27th WIPO Treaty: WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
8
No Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry
9
UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts
10
Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges

UKIPO Issues Guidance on Design Applications for Products Consisting of Multiple Components

The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice.

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Be Very Mindful When it Comes to Social Media Trends and Trade Marks

“Brat summer”, “coquette aesthetic”, “strawberry milk makeup”: social media trends can achieve viral status essentially overnight. However, their popularity is frequently short-lived. As a result, brands will often quickly devise marketing strategies incorporating these trends and catchphrases as soon as possible to capitalise off the current popularity and appeal to consumers.

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Upcoming Patent and Design Fee Changes, Including Important Excess Claim Fee Modifications: Australia

IP Australia has updated its practice for the calculation and processing of excess claim fees. Currently, excess claim fees are charged at acceptance, on the basis of the final claim set as accepted, regardless of the number of claims examined during examination. Therefore, the applicant can often have a large claim set examined but avoid excess claim fees by amending to reduce the claim set prior to acceptance.

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Federal Circuit Confirms Application of the Pre-AIA on-Sale bar to AIA Patents

On August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.1 The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year before the effective filing dates.2

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Federal Circuit Clarifies Scope of Estoppel Provision and Provides Guidance on “Patentably Distinct” Claims

On 26 July 2024, the Federal Circuit entered its decision in SoftView LLC, v. Apple Inc.1 holding that patent owner estoppel2 applies to newly presented and amended claims, but does not apply to issued claims. The Federal Circuit also confirmed that patent owner estoppel prevents a patent applicant from later obtaining a patent claim that is “not patentably distinct” from a finally refused or cancelled claim, but that patent owner estoppel does not apply to defending issued, unamended claims.

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US$18.3 million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard

An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.

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Historic 27th WIPO Treaty: WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

WIPO member states have adopted a new Treaty related to intellectual property, genetic resources and associated traditional knowledge, marking the 27th WIPO treaty, and the first in over a decade.

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No Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry

The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).

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UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts

Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.

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Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges

On 21 May 2024, the Federal Circuit overturned the Rosen-Durling test used to assess non-obviousness of design patents. In LKQ Corporation v. GM Global Technology Operations LLC, the Court en banc ruled the same conditions for patentability that apply to utility patents apply to design patents, specifically holding the obviousness rationale articulated in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), will now apply to design patents. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728, at 1 (Fed. Cir. May 21, 2024) (en banc).

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