@design_law@mastodon.social
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design_law

@design_law@mastodon.social

Art major turned law professor. Teaching #Patents, #DesignLaw & #CivPro at #SuffolkLaw.

Researching & writing about #DesignPatents. Currently thinking a lot about the #ScheduleA phenomenon.

Trying to make #PatentFedi happen.

Coauthor of Patent Law: An Open-Access Casebook https://patentlawcasebook.com/

When I'm not thinking about law, I'm usually studying languages (#español, #français & #svenska), reading novels, or watching Netflix.

#tfr

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williampietri, to random
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So I'm moving permanently across the country. I could happily keep my 415 phone number, or I could switch and get a local one. For people who have tried either path in the last few years, any thoughts?

design_law,
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@williampietri I changed my number when I got my first teaching job (12 years ago) and then again when I left that job (2 years ago).

The first time, it was fairly straightforward. The second time, it was a real pain. I discovered the hard way how many identity-verification issues are now connected to your phone number (not just 2FAs).

On the other hand, I've never had any problems with having an out-of-state area code. And at least in my generation (elder Millennial), it's almost expected.

design_law, to random
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D703,829 - issued in 2014 for a design for an "inflatable workshop."

design_law, to random
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So far, my biggest takeaway from is that I need to move my project on up in the queue.

design_law, to random
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Question for my European friends: In the U.S., people want design patents for disembodied designs in order to get around the Supreme Court's decision in Feist and the doctrine of fair use in copyright. What's the motivation in Europe? Just "more is more" or are there specific reasons? What arguments were made in supporting the changes to the EU design rules?

design_law, to random
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Why do people always say “modernized” when they mean “more expansive”?

(That’s a rhetorical question.)

design_law, to random
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REUD? Ooof. From Alexandra Mayer's slide about changes coming to EU design law:

design_law, to random
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Sounds like at least one person at the USPTO also wants to revive the idea of protection for disembodied designs, potentially through a treaty.

design_law,
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Note that disembodied designs are already protectable under U.S. (copyright) law. This is--at least largely--about getting protection for

design_law,
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design_law,
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And for more on disembodied designs, see:

https://www.regulations.gov/comment/PTO-C-2020-0068-0009

design_law, to random
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Periodic reminder that, common parlance in other jurisdictions aside, the phrase "industrial designs" is a really bad fit when we're talking about the types of things design patents (and similar design rights) protect, as it is both over- and under-inclusive.

design_law, (edited ) to random
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Fellow Acrobat users: How do I fix my custom tools setup after the latest "update"? In particular,

  • How can I get the custom toolbar to sit vertically across the top again, instead of hanging vertically?

  • Can I really not get rid of the tools Adobe has chosen for me? I never use the freehand drawing tool, for example, but I can't see how to get rid of it.

Edit: Thanks to @pkiff for this helpful answer https://community.adobe.com/t5/acrobat-discussions/how-do-i-go-back-to-the-old-acrobat/td-p/14032104

design_law,
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@pkiff Oh, wait - I can go back to the classic UI? How?

design_law,
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@pkiff Thank you!!

design_law, to random
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Today, I am reminded about the main reason I joined AIPLA--to get announcements about Design Day.

When I brought up the notice/publicity issue about a decade ago, I was met with derision and told that "everyone who is interested" was already in the loop, and they were mostly in DC anyway so advanced notice didn't matter.

I think the 400+ people logging in online today would disagree.

design_law,
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And yes, interest in design patents has grown since I became a professor.

But I don't think that was really the issue.

design_law, to random
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Would have been hilarious if the Federal Circuit released today. But alas.

design_law, to random
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After failing to convince the USPTO to read the phrase "for an article of manufacture" out of 35 U.S.C. § 171, the bar appears to be plotting new ways to get design patents for disembodied designs.

design_law, to random
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Kerith Kanaber: Design patent bar admission is NOT sufficient to run a USPTO-certified patent clinic at a law school.

design_law,
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So this makes sense if the clinic is going to work on UP/PP applications. But why not allow DP clinics?

design_law, to random
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Okay, we're almost an hour in but we're finally getting the first word on the new design patent bar at .

The speaker has a degree in .... mole bio.

design_law,
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Not that there's anything wrong with studying mole bio! It's just an interesting choice.

design_law, to random
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Half an hour into and no one has mentioned the new design patent bar. 🤔

design_law,
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This is arguably the biggest development of the year, maybe the decade.

design_law, to random
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Karen Young, Director, TC 2900: Design patent filings are up 17% over last year.

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