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Court Ruling on Design Patents Could Have Huge Impact

JD Supra Law

A recent Federal Circuit decision overturning the long-standing obviousness test for design patents could have wide-ranging implications for design patent owners. The en banc decision in LKQ Corp.

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LKQ v. GM: What In-House Counsel Needs to Know About This Change in Design Patent Law

JD Supra Law

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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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. § GM Global Tech. Operations LLC , No.

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Design Patent Obviousness in the Automotive Industry - LKQ Corp. v. GM Global Technology Operations LLC and the Rosen-Durling Test

JD Supra Law

GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness.

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Obviousness Test for Design Patents Unchanged

The IP Law Blog

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. Telflex, Inc.,

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Amici for IP and Auto Industries Tell Full CAFC to Stick with What Works on Design Patents

IP Watchdog

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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China: Design Patents and the Metaverse

IP Tech Blog

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4