"After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual.But change may be on the horizon."Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references.But the test for obviousness for design patents differs from the more familiar standards for utility patents.
#years #application #replacement #supreme-court #national-association #intellectual-property #law-professors
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