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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 Get a Better Design Patent

Patent Trademark Blog

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. By better, we mean a patent that provides broader rights. How do you make a design patent broader?

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No Patents: How to Protect Product from Copying

Patent Trademark Blog

No patents: What are your options against product copies? The only problem is that you have no patents, and your product has already been shown to the public for awhile. You have one year from this earliest date of public disclosure to file US patent applications on your original product. It’s understandable.

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What is a Design Patent?

LexBlog IP

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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What is a Design Patent?

The IP Law Blog

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamentalโ€ means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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

LexBlog IP

Can you file the utility patent application with the color drawings or photographs? 113, the Applicant for a patent must โ€œfurnish a drawing where necessary for the understanding of the subject matter to be patentedโ€. Typically, the drawings in a utility patent application are submitted in black and white.