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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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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.,

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Reevaluating Design Patent Obviousness

Patently-O

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case itself involves design patents covering GM parts, such as front fenders. Teleflex Inc.,

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Guest Post: โ€œDesign Patent Exceptionalismโ€ Isnโ€™t

Patently-O

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQโ€™s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called โ€œdesign patent doctrinal exceptionalism.โ€

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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?

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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.

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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.