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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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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

Discussing the Delhi High Court’s Microsoft Technology Licensing v. 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.

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Domestic Industry and Hindsight Bias

Patently-O

In particular, Broadcom was unable to show any licensed domestic use of the invention as claimed. ITC powers over infringing imports] apply only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established.

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Secrets in the Pitlanes : Navigating IPR In Formula 1

IIPRD

Formula One can be perceived as an epicentre of inventions and innovations, making intellectual property indispensable in the sport. IP can be found in the chassis of cars, uniforms, merchandise, various engineering and designing equipment, television broadcasting, and most importantly, carefully hidden trade secrets.

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Patent Law at the Supreme Court February 2022

Patently-O

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sรถรถt Design, LLC v. The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled.