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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

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. ” And, like the primary reference, any secondary references must also be analogous art.

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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. at 15 (Fed.

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Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. In re Surgisil, LLP , — 4th — ( Fed.

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Defending Design Patents

Patently-O

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. Most asserted design patents are invalidated in litigation.

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

SpicyIP

For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.

Designs 64
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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. The term “trade dress” refers to the overall look of a product or its packaging that gives the customer an idea of its origin. WHAT IS TRADE DRESS?

Brands 98
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Choosing the Right Intellectual Property Protection

IIPRD

Intellectual Property refers to any intangible asset or property originated from the human intellect. All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors.