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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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Can You Use Color Drawings or Photographs in Utility Patent Applications?

LexBlog IP

When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? Typically, the drawings in a utility patent application are submitted in black and white.

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How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Keep it secret or file a patent?

Patent Trademark Blog

If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? There is a tradeoff when you file a patent. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent.

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Understanding the Patent Process

LexBlog IP

Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Generally speaking, patenting an invention requires filing a patent application with the United States Patent and Trademark Office (USPTO). Utility Patent or Design Patent?

Patent 40
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Obtaining a Patent: The Why, What and How

Larson & Larson

Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. The Different Types of Patents. Utility Patents.

Patent 52