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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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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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In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

LexBlog IP

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design โ€“ โ€œLimp Implantโ€. Therefore, since the applied prior art reference discloses a design for an art toolโ€”i.e., 3d 1334 (Fed.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. Raytheon Techs.

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

Patent and Trademark Office (โ€œUSPTOโ€) states, โ€ a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.โ€ Again, it depends. Under 35 U.S.C. ยง

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The US Constitution as an Interpretive Tool for Obviousness Law

Patently-O

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” The Constitution never sanctioned the patenting of gadgets.

Law 44
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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021โ€“2035)

The IPKat

Notably, compared to those of โ€˜The Outlineโ€™ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by โ€˜The Outlineโ€™ (2021โ€“2035) are much more concrete and specific, as shown in the list below: The criterion of โ€˜The number of high-value invention patents* per 10,000 populationโ€™ had its debut this year at the 14th Five-Year Plan (2021โ€“2025.