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Federal Circuit Changes Obviousness Test For Design Patents

Design patents are now subject to the same nonobviousness test as utility patents, overruling the previous Rosen-Durling test.
#uspto

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

USPTO aligns practices with flexible approach on design patent obviousness after LKQ v. GM decision.

Animated GUI Design Patents

The design patent world has transitioned to patenting animated portions of display screens, with a steady rise in patents issued for such designs.

Impact of Full Federal Circuit's Design Patent Decision is Far from Obvious

The 'flexible approach' in LKQ Corp. v. GM case may impact design patent validity challenges, potentially empowering challengers in arguing obviousness.

Design Patent Examination Updates

The decision in LKQ v. GM has made it easier to find design patents obvious.

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

USPTO aligns practices with flexible approach on design patent obviousness after LKQ v. GM decision.

Animated GUI Design Patents

The design patent world has transitioned to patenting animated portions of display screens, with a steady rise in patents issued for such designs.

Impact of Full Federal Circuit's Design Patent Decision is Far from Obvious

The 'flexible approach' in LKQ Corp. v. GM case may impact design patent validity challenges, potentially empowering challengers in arguing obviousness.

Design Patent Examination Updates

The decision in LKQ v. GM has made it easier to find design patents obvious.
moreuspto
#patent-law

'Where Are the Designers on This?': Some Post-Argument Thoughts on LKQ vs. GM

The U.S. Court of Appeals for the Federal Circuit showed hesitancy in changing the current law on design patent obviousness.
Judges expressed concern with the implications of a wide-open, industry-specific test on design-patent obviousness.

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Federal Circuit overrules longstanding Rosen-Durling test for design patent obviousness, adopting Graham v. John Deere Co. framework

LKQ Corporation v. GM Global Tech: Design Patent En Banc

The Federal Circuit will hear an en banc patent case on February 5, 2024, regarding the application of a more stringent obviousness test to design patents.
Oral arguments will include judges from the Federal Circuit, and the case will focus on whether the Supreme Court's flexible test for obviousness applies to design patents.

'Where Are the Designers on This?': Some Post-Argument Thoughts on LKQ vs. GM

The U.S. Court of Appeals for the Federal Circuit showed hesitancy in changing the current law on design patent obviousness.
Judges expressed concern with the implications of a wide-open, industry-specific test on design-patent obviousness.

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Federal Circuit overrules longstanding Rosen-Durling test for design patent obviousness, adopting Graham v. John Deere Co. framework

LKQ Corporation v. GM Global Tech: Design Patent En Banc

The Federal Circuit will hear an en banc patent case on February 5, 2024, regarding the application of a more stringent obviousness test to design patents.
Oral arguments will include judges from the Federal Circuit, and the case will focus on whether the Supreme Court's flexible test for obviousness applies to design patents.
morepatent-law

Understanding IP Matters: The Mysteries of Design Patents - Preventing Abuse Before It Happens

The number of granted design patents has tripled over the past 10 years.
Design patents are often undervalued but can provide significant benefits by forcing competitors to stop using a design.

Build a Consumer Base with Innovation; Protect Sales with Design Patents

The USPTO issued its one millionth design patent on September 26, 2023.
The Office has seen a 20% growth in design patent applications over the last five years.

Goodbye Rosen references, hello Jennings references?

The Federal Circuit decision in LKQ Corp. v. GM Global Tech. alters the requirement for a primary reference in design patents.
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