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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. at 15 (Fed.

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Why Should You Patent Your Invention?

Intepat

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.

Invention 105
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Obviousness of a Design Patent

Patently-O

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose โ€œdesign characteristics โ€ฆ are basically the same as the claimed designโ€ and that creates โ€œbasically the same visual impression.โ€ Design Patent Nos.

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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? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? US government fees are based on the size of the applicant.

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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. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine

Intellectual Property Law Blog

For Baird, the Federal Circuit pointed out that the claimed 40 ยฐF to 60 ยฐF range was found to be a โ€œdifferent inventionโ€ from the disclosed 32 ยฐF to 176 ยฐF range because the claim had been copied from a different patent in order to initiate an interference proceeding. citing In re Wertheim , 541 F.2d 2d 257, 264โ€“65 (C.C.P.A.

Art 130
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Copyright in Registered Designs

Biswajit Sarkar Copyright Blog

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

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