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Designing a New Framework: Federal Circuit Sets New Standards for Obviousness Test for Design Patents

In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is...more

USPTO Deferred Subject Matter Eligibility Response Pilot Program Appears to Benefit Applicants

t is a basic truism in patent law that the scope of patent claims can change during the course of prosecution. Current examination guidelines require an examiner to identify all applicable grounds of rejection in a first...more

USPTO Report Strikes a Positive Tone on Improved Gender Representation in Inventorship and Reflects Opportunity for Additional...

The United States Patent and Trademark Office (“USPTO”) recently published an updated analysis of entry and participation by women into the patent system. While the report shows improvement in the gender diversity of U.S....more

7/29/2020  /  Diversity , Inventors , Patents , USPTO

Supreme Court Confirms No Change to On Sale Bar

With Helsinn, the Supreme Court confirms that secret sales trigger the on sale bar, just as before the America Invents Act. Patent applicants should be cognizant of all commercial activity related to an invention to ensure...more

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