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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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USPTO Hands Out 1 Millionth Design Patent

IP Law 360

Patent and Trademark Office issued its 1 millionth design patent to a licensed cosmetologist on Tuesday as more inventors apply for design patent protection than any other time in history.

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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.

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Obviousness Test for Design Patents Unchanged

LexBlog IP

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.

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Federal Circuit to Sit En Banc to Hear LKQ v. GM Case on Obviousness for Design Patents

JD Supra Law

GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. LKQ used to act as a licensed repair part vendor for GM. The Court has agreed to hear LKQ Corporation v.

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Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): LKQ Corp. v. GM Global Tech. Operations LLC, 2023 WL 328228 (Fed. Cir. Jan. 20, 2023) (Lourie, Clevenger, Stark) (per curiam)

JD Supra Law

LKQ filed an inter partes review challenging GMโ€™s auto fender design patent. LKQ was once a licensed repair part vendor for GM. But, after renewal negotiations fell through in early 2022, GM informed LKQ that the parts LKQ was selling were no longer licensed and therefore infringed GMโ€™s design patent.

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Other Barks & Bites for Friday, August 20: CAFC Reverses PTAB on Soup Dispenser Design Patent Claims, FTC Files New Antitrust Suit Against Facebook and David Berdan Steps in for Coke Stewart in Performing USPTO Deputy Director Role

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTABโ€™s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke (..)