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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.

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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How to Apply for a Design Patent After Selling Your Product

Patent Trademark Blog

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? If you sell first, have you lost the ability to obtain a patent? How long after selling a product can you still file a design patent?

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3 Types of Patents Inventors Need to Know

Larson & Larson

Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. There are 3 types of patents that inventors should know: utility, design, and plant patents. Utility Patent. Design Patent.

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The Ultimate IPWatchdog Story: Renee Quinn Granted Dog Toy Design Patent

IP Watchdog

On November 5, 2024, I received an official copy of U.S. Design Patent #D1,050,634 from the U.S. Patent and Trademark Office (USPTO). Design Application #29888619, titled โ€œRope Throw Dog Toyโ€ on September 18, 2024, and the patent was issued on November 5, 2024. I received a Notice of Allowance for my U.S.

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No design patents for you!โ€“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. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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Ho, Ho, Ho and Fa-La-La-La-La: Christmas Patents

The IP Law Blog

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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