37 C.F.R. §1.153 - Title, description and claim, oath or declaration
| Cite as | 37 C.F.R. §1.153 |
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50 cases
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L.A. Gear, Inc. v. Thom McAn Shoe Co., s. 89-1488
...to the conditions and requirements of this title.... A patented design is ordinarily claimed "as shown", that is, by its drawing. 37 C.F.R. § 1.153(a). The title of the design must designate the particular article. No description, other than a reference to the drawing, is ordinarily require......
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Safco Prods. Co. v. Welcom Prods., Inc., Civil No. 08–4918 (SRN/JJG).
...the disclosure of the claimed subject matter of a design patent often involves no written description, only pictorial figures. See 37 C.F.R. § 1.153(a) (“No description, other than a reference to the drawing, is ordinarily required.”). The figures of the '708 patent disclose, based on this ......
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Rosco, Inc. v. Mirror Lite Co., CV-96-5658 (CPS).
...of the design in words." Goodyear Tire & Rubber Company v. Hercules Tire & Rubber Company, Inc., 162 F.3d 1113, 1116 (Fed.Cir.1998); 37 C.F.R. § 1.153(a). A design patent only protects the novel, ornamental features of the patented design. See KeyStone Retaining Wall Sys., Inc. v. Westrock,......
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GB Lewis Company v. Gould Products, Inc., 67 C 63.
...the Law of January 11, 1876, with certain exceptions. Compare 17 U.S.C. § 5(g), (i), 37 C.F.R. §§ 202.10, 202.12; 35 U.S.C. § 171, 37 C.F.R. § 1.153(a). On December 23, 1958, Schanz filed for and on April 2, 1959, there was issued Utility patent No. 1,786,384. The innovation claimed for thi......
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10 firm's commentaries
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Protection of Designs in the United States
...observer test, the design was “anticipated”. [64]In re Rosen, 673 F.2d 388, 391 (CCPA 1982). [65] 35 USC 172. [66] 37 CFR 1.154. [67] 37 CFR 1.153. [68] MPEP 1503.01. A “characteristic features” statement describing a particular feature of novelty or nonobviousness in the claimed design may......
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Practical Considerations For “Article Of Manufacture” In Design Patent Law After Curver Luxembourg, SARL V. Home Expressions Inc.
...for an article of manufacture may obtain a patent therefor …” 35 U.S.C. § 171(a) (Emphasis added). Procedurally, the rules state at 37 C.F.R. § 1.153(a) (Emphasis The title of the design must designate the particular article. No description, other than a reference to the drawing, is ordinar......
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Can Design Patents Be Limiting in Enforcement?
...your design patent application include drawings showing the pattern applied to a chair? For the title in a design patent application, 37 C.F.R. § 1.153(a) (a) The title of the design must designate the particular article. No description, other than a reference to the drawing, is ordinarily ......
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Can Design Patents Be Limiting in Enforcement?
...your design patent application include drawings showing the pattern applied to a chair? For the title in a design patent application, 37 C.F.R. § 1.153(a) states: (a) The title of the design must designate the particular article. No description, other than a reference to the drawing, is ord......
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