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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. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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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. at 15 (Fed.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the โ€˜person skilled in the artโ€™ (โ€˜PSITAโ€™) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

Invention 111
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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. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d at 415, should cause us to eliminate or modify: (a) Durlingโ€™s requirement that โ€œ[b]efore one can begin to combine prior art designs. GM Global Tech , 21-2348 (Fed.

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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. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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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. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

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Gone Up In Smoke: Analysing the Controllerโ€™s Rejection of an E-cigarette Patent under Section 3(b)

SpicyIP

Assistant Controller Of Patents And Design accepting an appeal against the Controllerโ€™s decision rejecting a patent application for โ€œaerosol generating article with multi material susceptor.โ€ emphasising that the inventive step lies in the specific solution devised and not merely the general method or goal. Mills & Rockley and J.

Invention 109