JD Supra Law

JUNE 6, 2024

GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent obviousness, jettisoning decades-old precedent and loosely outlining a design patent obviousness test that aligns with the standard for utility patents.

Design Patent 67

Design Patent Designs Design Patent 67

JD Supra Law

MAY 24, 2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. Teleflex Inc. LKQ Corporation et al.

Design Patent 109

Design Patent Designs Design Patent 109

JD Supra Law

MAY 23, 2024

Unlike utility patents, which are frequently invalidated on obviousness grounds, design patents historically faced a rigid test making obvious findings rare.

Design Patent 64

Design Patent Designs Design Patent 64

IP Law 360

MAY 21, 2024

The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.

Design Patent 105

Design Patent Designs Design Patent 105

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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Design Patent Designs Design Patent 134

Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

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Design Patent Designs Design Art 130

IP Law 360

JUNE 26, 2024

Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.

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Design Patent Designs Design Intellectual Property 52

JD Supra Law

JUNE 7, 2024

In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art.

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

MAY 23, 2024

Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. In a recent en banc panel decision, the U.S.

Design Patent 64

Design Patent Designs Design Patent 64

IP Law 360

MAY 20, 2024

Supreme Court on Monday refused to review a Federal Circuit ruling that revived Columbia Sportswear's design patent suit against Seirus Innovative Accessories Inc., which Seirus said created an "illogical, unworkable test" for design patent cases.

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Design Patent Designs Design Patent 59

IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

Design Patent 59

Design Patent Designs Design Intellectual Property 59

JD Supra Law

JUNE 6, 2024

A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global Technology Operations (LKQ). By: Venable LLP

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

JUNE 7, 2024

Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the Rosen/Durling standard for obviousness of design patents, originally set forth in In re Rosen, 673 F.2d

Design Patent 58

Design Patent Designs Design Patent 58

Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

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Design Patent Designs Design Patent 144

JD Supra Law

MAY 24, 2024

The Federal Circuit has overruled the long-standing Rosen-Durling test used to evaluate obviousness of design patents. The court, which reheard the appeal en banc from a PTAB final written decision, cited a plain reading of the statutory scheme for design patents, as well as the Supreme Court’s guidance in KSR Int’l Co.

Design Patent 64

Design Patent Designs Design Patent 64

IP Law 360

MAY 29, 2024

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MAY 29, 2024

On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more flexible approach … for determining non-obviousness. May 21, 2024).

Design Patent 61

Design Patent Designs Design Patent 61

IP Law 360

JUNE 28, 2024

GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens. The Federal Circuit's recent en banc decision in LKQ v.

Design Patent 52

Design Patent Designs Design Patent Law 52

JD Supra Law

MAY 22, 2024

GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. By: Wolf, Greenfield & Sacks, P.C.

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Design Patent Designs Design Patent Law 107

JD Supra Law

MARCH 15, 2024

A seemingly innocuous Instagram post by Rihanna is the reason that a Puma design patent* was held invalid. Last week, the General Court of the European Union affirmed the decision of a lower tribunal, invalidating Puma’s application on the grounds that the design had been publicly disclosed prior to the application’s filing date.

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Design Patent Designs Design Patent 69

JD Supra Law

DECEMBER 7, 2023

The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 78644 (Nov. 16, 2023).). By: McDermott Will & Emery

Design Patent 67

Design Patent Designs Design Patent 67

JD Supra Law

MAY 28, 2024

This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. Operations LLC, No. 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024). The en banc court held that the “Rosen-Durling” test was “improperly rigid” and that the Graham v.

Design Patent 67

Design Patent Designs Design Patent 67

Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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Design Patent Designs Design Patent 98

JD Supra Law

MAY 30, 2024

The almost-full Federal Circuit (minus two judges) has overturned the Rosen-Durling test for determining design patent obviousness under 35 U.S.C. § Under 35 U.S.C. §

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

MAY 22, 2024

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections.

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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Design Patent Designs Design Patent 113

JD Supra Law

MAY 24, 2024

Court of Appeals for the Federal Circuit, sitting en banc, overruled its longstanding test used to assess the obviousness of design patents. On May 21, 2024, the U.S. By: Lathrop GPM

Design Patent 64

Design Patent Designs Design Patent 64

JD Supra Law

MAY 23, 2024

In an en banc decision, the Federal Circuit decided this week that well-established tests for determining design patent obviousness are “improperly rigid,” in violation of U.S. Teleflex, which established that flexibility is required when determining the obviousness of utility patents. Supreme Court precedent such as KSR v.

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

JUNE 19, 2024

GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the obviousness standard of design patents. By: Womble Bond Dickinson

Design Patent 61

Design Patent Designs Design Patent 61

JD Supra Law

SEPTEMBER 8, 2023

The law surrounding validity, infringement, claim construction, and damages in the design patent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes.

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Design Patent Designs Design Litigation 72

Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch.

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Design Patent Designs Design Patent 141

JD Supra Law

FEBRUARY 23, 2023

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%.

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Design Patent Designs Design Patent 98

IP Law 360

MAY 21, 2024

By discarding established tests for proving that design patents are invalid as obvious Tuesday, the full Federal Circuit has opened the door for new invalidity arguments and created uncertainty by not providing much guidance on how courts should evaluate them, attorneys said.

Design Patent 59

Design Patent Designs Design Patent 59

JD Supra Law

MAY 24, 2024

The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach. for determining non-obviousness.” 4th —, slip op. May 21, 2024).

Design Patent 61

Design Patent Designs Design Patent 61

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MAY 18, 2023

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO. By: Morgan Lewis

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MAY 31, 2024

Operations LLC, has overruled the Rosen-Durling test applied in evaluating obviousness of design patents. requirements for obviousness, and further defined by KSR, that is already applied in utility patents. On May 21, the Federal Circuit, in an en banc decision of LKQ Corp. GM Global Tech. John Deere Co.

Design Patent 64

Design Patent Designs Design Patent 64