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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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Combing Through Design Patents

LexBlog IP

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. § 171).

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Can you file a design patent continuation application?

Patent Trademark Blog

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

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What do dashed lines in a design patent mean?

Patent Trademark Blog

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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WIPIP session 7: Design Law

43(B)log

Christine Haight Farley, Design Authenticity Book project, still shaping up. Case study of George Nelsonโ€™s bubble lamp (mid-century modern design), how TM law creates new design rights. Nelson was second design director of Herman Miller Co. Stiffel: invalidated patent on another midcentury modern lamp.

Designs 59
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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory.

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Patent โ€“ a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. Who can file a patent application? Who can provide for patent rights?

Patent 92