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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

USPTO Provides Guidance for Design Patent Applications Directed to Computer-Generated Electronic Images

The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter. While the USPTO’s examination of...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

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

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for...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

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