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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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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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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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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!)

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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. Operations LLC. [1]

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Obviousness: Is a Reasonable Expectation of Success Sufficient

Patently-O

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a โ€œreasonable expectation of successโ€ in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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Making a Proper Determination of Obviousness

Patently-O

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Courtโ€™s 2007 decision in KSR Int’l Co. 398 (2007). Teleflex Inc. , 2500 words). Read the Guidance Here.

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