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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. § GM Global Tech. Operations LLC , No.

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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

LexBlog IP

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 2020-1940 (Oct. The holding of SurgiSil does just that, and will thus have very significant implications for design patent applicants now and in the future.

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A Beginner’s Guide to Patenting Software and AI

IPilogue

Part 5: The IP Hidden Gems: Trade Secrets and Industrial Designs. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area. As a result, what remained was an abstract idea (i.e.

Invention 104
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Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

Fish & Richardson Trademark & Copyright Thoughts

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

The IPKat

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

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SpicyIP Weekly Review (January 17- January 22)

SpicyIP

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School.

Designs 105
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Interesting Patents | MARCH 8, 2022

LexBlog IP

INVENTION OVERVIEW: An exciting reveal for motorsports fans. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” 1 is a top, front and side perspective view of a car, toy car replica and/or other replica showing my new design; FIG. About Design Patents.