Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Continue Reading Obviousness Test for Design Patents Unchanged

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: 2023 IP Resolutions Start with a Review of IP Assets

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.

Continue Reading District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal with the circuit courts, but now the Supreme Court will bring finality to the issues.

Continue Reading Trademark and Copyright Cases to Watch in 2023