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Obviousness of a Design Patent

Patently-O

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.”

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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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Light Administrative Injunctions for Designs in China: Status-check on the 2021 Shenzhen AMR Reform

IP Tech Blog

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. Other cities and provinces started similar provisions in the summer of 2021. on April 19, 2021.

Designs 62
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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. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct. Active Mfg.

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No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

LexBlog IP

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 19, 2021) (“ Gamon II ”). Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed.

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Light Administrative Injunctions for Designs in China: Status-check on the 2021 Shenzhen AMR Reform

LexBlog IP

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. Other cities and provinces started similar provisions in the summer of 2021.

Designs 52
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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

The IPKat

On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. ‘The