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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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License to Build: The Importance of License Terms in Design Agreements

JD Supra Law

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like.

Designs 74
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Maintaining Control โ€“ Avoiding a Naked Trademark License Designation

Greenspoon Marder LLP

Licensing out a trademark for third-party use is a common practice amongst trademark owners. First, licensing generates new revenue streams for mark owners by way of licensing fees and royalties. By: Daniel Nageotte, Esq. If done correctly, it accomplishes two goals.

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How Do I License My Creative Design?

Art Law Journal

Licensing a creative design can provide you with additional income, branding and partnership opportunities. Here we review what licensing is and how to do it. The post How Do I License My Creative Design? appeared first on Art Business Journal.

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Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

Introduction An artistโ€™s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 90
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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. First, they must be novel (i.e., Telflex, Inc.,

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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.