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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

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. ยง GM Global Tech. Operations LLC , No.

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Obviousness Test for Design Patents Unchanged

The IP Law Blog

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.,

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Obviousness Test for Design Patents Unchanged

LexBlog IP

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.,

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Federal Circuit to Decide Whether KSR Applies to Design Patents

LexBlog IP

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).

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Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent โ€œOn-Sale Barโ€

LexBlog IP

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath.

Patent 52
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Reevaluating Design Patent Obviousness

Patently-O

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.

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Design Patent Obviousness Inquiry Is Up for Review at the CAFC

LexBlog IP

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.