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Federal Circuit Overhauls Test for Assessing Design Patent Obviousness

In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This decision represents a pivotal...more

Breaking Down the USPTO’s Not-So-Obvious Obviousness Guidelines

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex...more

Federal Circuit Lowers Bar for Proving Design Patent Infringement

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an...more

USPTO Proposes Creating A Separate Design Patent Bar

The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who...more

Metaverse: A Jumpstart Guide to Intellectual Property, Antitrust, and International Considerations

The term “metaverse” first appeared in Neal Stephenson’s dystopian novel Snow Crash in 1992. Two decades later, the metaverse has evolved from a concept in print into an interactive and immersive reality. Its hyper-realistic...more

Russian Decree Undermines Value of Certain Patents; USPTO Cuts All Ties with Russian Patent Office

The Russian government has issued a decree to deny compensation to patentees from “unfriendly states” when their patents are used for Russia’s national security purposes. Additionally, the US Patent and Trademark Office has...more

USPTO Seeks Public Input on Design Patent Protection for Digital Designs Displayed Outside Screens

The US Patent and Trademark Office has issued a request for public comment seeking the public’s input on whether design patent protection should extend to digital designs that encompass new and emerging technologies, such as...more

Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features

The benefits of clear surface shading in a design patent were highlighted in a recent district circuit decision, which found that purported contour or tangent edge lines added to the drawings to illustrate a transition edge...more

Brexit and Design Rights: Ensuring Continued Protection

The Brexit “transition period” will come to an end on 31 December 2020, and from 1 January 2021, the United Kingdom will cease to follow EU rules. This brings significant changes to design law in the United Kingdom and...more

Possible Patent Infringement Risk for Companies Making COVID-19 Equipment Without DPA Contracts

With each passing day, more US companies are voluntarily rising to answer the president’s call to manufacture face masks, ventilators, and other critical coronavirus (COVID-19) protective equipment, but without a government...more

Medical Device Companies: Three Ways to Strengthen Your Design Patent Portfolio in 2020

Rapid advancements in medical device technology have brought unprecedented changes to the industry. Increasingly, innovative medical devices also combine developments from other industries such as software, hardware,...more

Brexit: IP Considerations in Light of the UK’s Vote to Leave the EU

While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection...more

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