Understanding the Riyadh Design Law Treaty: A New Era for Design Protection
Understanding the Riyadh Design Law Treaty: A New Era for Design Protection
The World Intellectual Property Organization (WIPO) has recently adopted the Riyadh Design Law Treaty, marking a significant milestone in the realm of design protection. This landmark treaty, finalized on November 22, 2024, aims to streamline and harmonize the procedures for protecting designs globally, making it easier, faster, and more affordable for designers to safeguard their innovations across multiple jurisdictions.
Key Changes Introduced by the Riyadh Design Law Treaty
The Riyadh Design Law Treaty introduces several crucial reforms that will benefit designers, particularly small-scale creators and SMEs (Small and Medium-sized Enterprises). These changes include:
- Streamlined Application Requirements: The treaty simplifies the application process, allowing for more flexibility in representing designs through drawings, photographs, or videos. This ensures that designers can choose the most suitable method to showcase their work.
- Multi-Design Applications: Designers can now file multiple designs in a single application, reducing the administrative burden and costs associated with protecting multiple designs.
- Grace Period and Unpublished Designs: The treaty provides a 12-month grace period after a design's first disclosure, allowing designers to test the market before committing to registration. Additionally, it permits the registration of unpublished designs, offering more flexibility and protection options.
- Relief Measures for Missed Deadlines: To prevent irreparable loss of rights due to missed deadlines, the treaty includes provisions for relief measures, ensuring that designers have a safety net in place.
Benefits for Clients
Our clients, especially those in the creative industries, stand to gain significantly from the Riyadh Design Law Treaty. The streamlined application process and the ability to file multiple design applications in a single application will save time and reduce costs. This is particularly advantageous for SMEs, which often operate with limited resources. The grace period allows designers to gauge market interest before committing to registration, providing a strategic advantage. Additionally, the relief measures for missed deadlines offer peace of mind, ensuring that clients' rights are protected even in unforeseen circumstances.
Conclusion
The Riyadh Design Law Treaty represents a significant advancement in the protection of designs, fostering creativity and innovation worldwide. By simplifying and harmonizing the design protection process, the treaty empowers designers and promotes cultural heritage through design protection. These updates were long overdue, addressing the evolving needs of the design community and ensuring that the legal framework keeps pace with innovation. For more information on these developments, including details of the new process and how they might affect your intellectual property strategies, please consult the full article on WIPO’s website.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our patent attorneys, please contact us.
Matt Poulsen Teaches Patent Practice at UNL College of Law this Fall
Matt Poulsen, Co-Owner and Patent Attorney at Suiter Swantz IP, once again teaching Patent Practice and Innovation Management at the University of Nebraska College of Law again this Fall.
The course focuses on the lifecycle of patent-protected innovation and helps give students an understanding of the nature of patents, how patents are obtained, and the strategic use of patents.
Matt obtained his Ph.D., M.S. and B.S. in physics from the University of Nebraska and his Juris Doctor from the University of Nebraska College of Law, graduating with distinction.
Matt represents clients from Fortune 500 companies, universities, startup companies, and individual inventors. His practice is generally focused on IP procurement and protection as well as U. S. and foreign patent preparation and various trademark, copyright, and trade secret matters. Matt also advises clients with respect to various startup related activities, such as early-stage IP strategy.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Patent Alert: USPTO to Terminate After Final Consideration Pilot Program 2.0 on December 15
Patent applicants and stakeholders, take note.
USPTO News
In a significant update for patent applicants and stakeholders, the United States Patent and Trademark Office (USPTO) has announced its decision to terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. This decision follows a brief extension of the program to allow users time to adjust to its cessation.
The AFCP 2.0 program was initially designed to offer patent applicants additional opportunities to engage with examiners after receiving a final rejection, thereby reducing patent examination times for Applicants.
It aimed to streamline the patent examination process by providing a platform for applicants to make amendments or present arguments that could lead to a resolution without the need for an appeal. However, administering the program has proven costly for the USPTO.
On April 3, 2024, the USPTO proposed implementing a new fee to participate in the AFCP 2.0. This proposal was part of a broader effort to set and adjust patent fees for the fiscal year 2025, intending to offset the high costs associated with running the AFCP 2.0 program.
Despite this effort, feedback from stakeholders indicated a general reluctance to accept the proposed fee, leading to the decision to phase out the program.
The program’s termination may initially seem like a setback for patent applicants, but it is important to note that alternative options remain available for after final consideration.
Applicants can still utilize a Request for Continued Examination (RCE) or file an appeal following a final office action. The USPTO has provided detailed information on these alternatives in the full notice, accessible via the Federal Register and the Patent Related Notices webpage.
So what does this mean for those beyond the legal profession?
Understanding the implications of the AFCP 2.0's termination is crucial for various stakeholders, including inventors, entrepreneurs, and businesses reliant on patent protection. For inventors, this change may prolong the patenting process as it removes a valuable tool frequently used by patent attorneys to shorten patent examination times. With AFCP 2.0 no longer being an available option, applicants will be forced to more frequently rely on an RCE or an appeal for recourse which will add to the cost of securing a patent.
Summary
This termination of the AFCP 2.0 program emphasizes the importance of staying informed about patent law and understanding how such changes can impact the innovation landscape.
At Suiter Swantz IP, we believe it is crucial to stay informed about changes and developments in intellectual property law so we can continue to provide effective counsel to our clients.
If you have questions or concerns, our team of expert attorneys can help.
The Importance of Trademark Use in Maintaining and Protecting Your Brand
As a team of intellectual property attorneys, we often work with clients to protect their brands through trademarks. A recent case in popular culture highlights the importance of this.
The "Very Demure" Case
Late summer, the phrase “very demure, very mindful” found itself all over social media. The phrase was coined by TikTok creator Jools Lebron, who now wants to trademark her viral catchphrase.
In September 2024, Lebon filed a patent with the US Patent and Trademark Office. According to a news article from NBC5, based in Vermont, the filing was for “various entertainment and advertising services, including the promotion of beauty products.”
The article also mentions that many other individuals not connected to Lebron also tried to register related trademarks, likely trying to capitalize on the popular trend.
This particular case is ongoing - and it’s also complex. Social media content creators often face an uphill battle to get credit for their work and to fight off others who try to monetize elements of their personal brand without permission.
The “Very Demure” case is a timely reminder of the importance of active trademark use.
Best Practices for Trademark Use
To ensure that your trademark remains protected, creators would do well to consider the following best practices to protect themselves:
- Consistent Use: Use your trademark consistently across all platforms—packaging, advertising, online presence, etc. Consistency reinforces the association between the mark and your goods or services.
- Proper Documentation: Keep detailed records of how and when your trademark is used. This documentation can be invaluable in defending against infringement claims or proving use in commerce.
- Regular Audits: Conduct regular audits of your trademarks to ensure they are being used as intended. This can help identify any potential issues early on.
- Legal Guidance: Consult with a trademark attorney periodically to review your trademark portfolio and usage. Professional guidance can help navigate the complexities of trademark law and ensure compliance.
Conclusion
Suiter Swantz IP recommends that professionals prioritize this aspect of brand protection. By ensuring that trademarks are consistently and appropriately used, you can safeguard your brand’s integrity and legal standing.
For more information on how to effectively use and protect your trademarks, feel free to reach out to our team of experienced patent attorneys. We're here to help you navigate the nuances of trademark law and ensure your brand remains robust and protected.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for specific legal guidance.
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.
Patent Attorney, Matt Poulsen, meets with Iraqi Delegation
This week, Matt Poulsen, co-owner and patent attorney at Suiter Swantz IP, was a speaker at the "Intellectual Property Rights (IPR) Enforcement and Development: A Project for Iraq" event organized and hosted by the U.S. Department of State and the Lincoln Council for International Visitors.
Members of the Iraqi delegation included government officials, patent examiners, and engineers offering a rich exchange of ideas and practices.
Matt was joined by Christal Sheppard, fellow adjunct professor at the University of Nebraska College of Law and former Direction of the Regional Patent Office - Detroit. Matt and Christal discussed a variety of topics with the Delegation including various aspects of the international IP regime, the creation and enforcement of intellectual property rights in the United States and differences between the U.S. and Iraqi systems, and steps Iraq will need to undergo to align with internationally-accepted IP standards.
"In the United States we take for granted strong legal systems and established intellectual property and patent systems. It was an incredible opportunity to speak with members of the delegation and get a firsthand look of a developing IP system and the challenges and opportunities they face," says Poulsen.
Suiter Swantz IP Welcomed Three Summer Associates to the Firm
As summer wraps up, we want to extend a thank you and best wishes to our Summer Associates, Madisen S. Ford, Andrew M. Caputo, and Courtney M. Cournoyer! Good luck with the next semester. We’re excited to see all that you will achieve!
Madisen graduated from the University of San Diego with a B.A. in Chemistry and a minor in Business Administration. Madisen is an upcoming 2L and currently attends Creighton University School of Law. She expects to receive her Juris Doctor in May 2026.
Madisen is a member of the Intellectual Property Law Society and serves as a Law Ambassador Mentor, helping incoming 1Ls transition to law school.
Outside of the office, Madisen enjoys practicing yoga, exploring new spots in Omaha, and spending time with her friends, family, and dogs.
Andrew holds a M.S. in Optics and Photonics from the College of Optics at the University of Central Florida, as well as a B.S. in Engineering Physics from Embry-Riddle Aeronautical University.
Andrew is an upcoming 2L and currently attends the University of Nebraska College of Law. He expects to receive his Juris Doctor in May 2026 with concentrations in Intellectual Property Law and Space, Cyber, and National Security Law. Andrew serves as the Student Class President and is a research fellow through the Schmid Research Fellowship. He is also a candidate member on the Nebraska Law Review.
Outside of the office, Andrew enjoys learning Italian, watching and playing ice hockey, and volunteering with the National Ocean Sciences Bowl.
Courtney graduated from the University of Nebraska-Lincoln with a B.S. in Chemical and Biomolecular Engineering. Courtney is an upcoming 3L and currently attends the University of Nebraska College of Law. She expects to receive her Juris Doctor in May 2025.
Prior to joining the firm, Courtney worked in a variety of fields including Agriculture Processes and Cosmetic Manufacturing.
Outside of the office, Courtney enjoys video games, baking, and curling.
The Patents Behind Your Back-to-School Supply List
Back-to-School Supply Patents
Brrring! That’s the sound of the school bell, welcoming students and staff back for another exciting school year. Now is the perfect time to highlight some of the most important patents for back-to-school essentials.
From innovative lunchbox designs to cutting-edge educational tools, patents play a crucial role in bringing fresh ideas to life for classrooms, homes and beyond. At Suiter Swantz IP, we're passionate about helping creators safeguard their innovations, so whether you're an entrepreneur with a brilliant new backpack concept or a teacher with a revolutionary classroom gadget, understanding the landscape of back-to-school patents can be your first step toward success.
Let's dive into some of the fascinating patents that make the school year run smoothly.
Traffic Cones
Where would school parking lot pick up lines be without the invention of the traffic cone? The history of traffic cones began in the early 1900s, with rubber cones. It wasn’t until the 1950s that the first plastic cones were developed. Early cones were shorter and lighter than the ones we use today.
Image: Google Patents
Crayon Boxes with Built-In Sharpeners
A patent for a crayon box with built-in sharpener was granted in 1958 to Binney and Smith Inc. It’s safe to say it has been almost 66 years since kids have had to color with dull crayons! Crayola’s 64-color box of crayons with sharpener was a staple for kids and classrooms, and it became so iconic that a box is now part of the Smithsonian’s National Museum of American History.
Image: Google Patents
Pencil-Eraser Combo
One hundred years before the crayon box with built-in sharpener debuted, Hyman Lipman patented the pencil with its own built-in eraser. Before this innovation, students had to correct their homework mistakes with a separate eraser! But shortly after in 1874, the Supreme Court ruled in Rubber-Tip Pencil Co. v. Howard that combining two known technologies - a pencil and eraser - was not patentable, which allowed any company to then add erasers to their pencils.
Image: Google Patents
Trapper Keeper
If you are between 35-55 years old, you likely have vivid and fond memories of the Trapper Keeper. Patented in 1976, the Trapper Keeper was a colorful binder with Velcro closures and multiple pockets to organize your papers from your various school subjects.
Bryant Crutchfield, an executive at Mead, the famed notebook company, first imagined the Trapper Keeper, after hearing students couldn’t fit everything in their lockers but struggled with carrying it all around. Explore the story of the Trapper Keeper and how the one-piece combination clip made it possible in one of our past blog posts.
Image: Google Patents
Graphing Calculator with Touchscreen Display
Early calculators date back to the 1970s. Since then, graphic calculators have come a long way, and there isn’t a high schooler who can imagine doing algebra without the convenience of a calculator. This convenient graphing calculator features a touchscreen, which allows users to visualize their equations.
Image: Google Patents
More School Supply Patents
Read our past blog posts that include lockers, backpacks, dry erase boards, lunch boxes, flexible rulers and more:
Back To School: History On Back-to-School Supplies | Suiter Swantz IP
Back-to-School Essentials: A Closer Look at Game-Changing Patents | Suiter Swantz IP
These patents remind us that just like our classmates and teachers, school supplies have fascinating histories and significant impact on education.
***
Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.