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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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How to Get a Better Design Patent

Patent Trademark Blog

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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Obviousness of a Design Patent

Patently-O

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.

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What is a Design Patent?

LexBlog IP

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” 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.

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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.

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WIPIP session 7: Design Law

43(B)log

Christine Haight Farley: connecting to Katyalโ€™s paper: โ€œIndian manโ€ design code. There is a design code for marijuana leaves; you just canโ€™t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. Nelson was second design director of Herman Miller Co. but helpful to research.

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