Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.

Design Patent 117

Design Patent Designs Design Patent 117

The IP Law Blog

FEBRUARY 2, 2023

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. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

LexBlog IP

FEBRUARY 2, 2023

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. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. 1727 (2007).

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d The case under scrutiny is LKQ Corp. GM Global Tech , 21-2348 (Fed.

Design Patent 62

Design Patent Designs Design Patent 62

LexBlog IP

FEBRUARY 15, 2022

Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Under the on-sale bar, both design and utility patents will be invalid where “the invention was. on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Patent 52

Patent Invention Designs Design 52

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. Hunter Mfg., 3d 1326, 1334 (Fed. In contrast to the Rosen/Durling Standard, the U.S.

Design Patent 52

Design Patent Designs Design Patent 52