Remove Design Remove Design Patent Remove Invention Remove Patent Law
article thumbnail

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.

article thumbnail

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.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

My Word! Design Patents on a Typeface

LexBlog IP

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Whatโ€™s more common than the written word?

article thumbnail

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., 2020-1940 (Oct.

article thumbnail

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. The design must be a design for a specific article; it cannot exist independently of the article.

article thumbnail

What do dashed lines in a design patent mean?

Patent Trademark Blog

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

article thumbnail

Can you file a design patent continuation application?

Patent Trademark Blog

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.