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 62

Design Patent Designs Design Patent 62

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.

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Design Patent Designs Design Patent 52

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. A request for comments (RFC) was also published in October 22.

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Design Patent Publishing Designs Design 122

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 62

Design Patent Designs Design Patent 62

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.

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Design Patent Designs Design Intellectual Property 59

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 68

Design Patent Designs Design Patent 68

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.

Design Patent 59

Design Patent Designs Design Patent 59

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.

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Design Patent Designs Design Patent 65

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

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 108

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 62

Design Patent Designs Design Patent 62

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

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Design Patent Designs Design Patent 65

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.

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Design Patent Designs Design Patent 65

JD Supra Law

MAY 23, 2024

Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents.

Design Patent 65

Design Patent Designs Design Patent 65

JD Supra Law

MAY 23, 2024

In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is consistent with the Supreme Court's general guidance in KSR International Co. Teleflex Inc. By: Blank Rome LLP

Design Patent 62

Design Patent Designs Design Patent 62

JD Supra Law

MAY 30, 2024

Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard.

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Design Patent Designs Design Patent 70

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). By: Jones Day

Design Patent 62

Design Patent Designs Design Patent 62

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

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 70

JD Supra Law

MAY 24, 2024

GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is obvious in view of the prior art. On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. By: Fenwick & West LLP

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Design Patent Designs Design Patent 62

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

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

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

IP Law 360

MAY 23, 2024

Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MAY 23, 2024

In a dispute over the validity of design patents covering the fenders of GM’s 2018-2020 Chevrolet Equinox, the Federal Circuit overturned its own long-standing Rosen-Durling “rigid” standard for assessing obviousness of design patents, returning to a “flexible” standard that will make it easier for parties to challenge the validity of design patents (..)

Design Patent 65

Design Patent Designs Design Patent 65

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

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Design Patent Designs Design Patent 68

JD Supra Law

MAY 22, 2024

Brooks Kushman serves as design patent counsel for Ford Motor Company and has closely followed this case. Attorneys Frank Angileri and Marc Lorelli from Brooks Kushman filed an amicus brief on Ford’s behalf in the en banc proceedings. By: Brooks Kushman P.C.

Design Patent 62

Design Patent Designs Design Patent 62

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 114

JD Supra Law

MAY 23, 2024

On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. May 21, 2024) (en banc). By: Bodman

Design Patent 62

Design Patent Designs Design Patent 62

Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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Design Patent Designs Design Patent Application 52

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. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? You found the right post.

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Design Patent Patent Application Designs Design 52

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 73

JD Supra Law

FEBRUARY 9, 2024

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design.

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Design Patent Designs Design Patent 68

JD Supra Law

FEBRUARY 8, 2024

Not surprisingly, 2023 was another notable year for design rights around the globe. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. However, nowhere more than the U.S. In particular, the U.S.

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Design Patent Designs Design Patent 79

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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