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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. May 21, 2024) (en banc). GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed.

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Guest Post: Margo Bagley, The Diversity Pilots Initiative

Patently-O

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. 32, 42 (2015). 521 (2021). & Trademark Off.

Art 111
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Friday Fantasies

The IPKat

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

IP 67
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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

2024 WL 629985, No. Lashify argued that it held a European patent for one product at the time it promoted that product. patent system and proclaims its sophistication in its knowledge of U.S. patent law. Further, Lashify was marking products for the first time as patented, not failing to remove expired patents.

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The NYIPLA Brief: Advocating for Patent Term Adjustments

Patently-O

Cellect is now seeking certiorari, and the New York Intellectual Property Law Association (NYIPLA) has stepped in with an amicus brief supporting the petition, arguing that the case presents “questions of exceptional importance.” May 28, 2024). ” NYIPLA cites two articles. 23-1231 (U.S. 1017 (2019). 243 (1976).

Patent 40
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White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.