July 10th, 2024
1:00 PM - 2:30 PM EDT
Note: 20% discount for JD Supra subscibers reflected in checkout.
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents.
Description
After applying the Rosen-Durling test for obviousness for over 25 years, the Federal Circuit has turned the design patent world on its head. In the recent en banc decision, the Federal Circuit rejected the Rosen-Durling test, finding the test was "improperly rigid." The court determined that the test for obviousness that is used for utility patents should also be used for design patents.
The test for obviousness for utility patents was established in Graham v. John Deere (U.S. 1966) and KSR International Co. v. Teleflex Inc. (U.S. 2007). The USPTO issued a memorandum on May 22, 2024, to provide guidance and instructions on evaluating obviousness in design patent applications and design patents.
The decision in LKQ could make it tougher to get design patents. And could provide an easier path to invalidate design patents. Design patent counsel need to understand the new test for obviousness to carefully draft patent applications to avoid obviousness rejections and to be prepared to address them when they do arise.
Listen as our authoritative panel of patent attorneys examines the Federal Circuit's decision in LKQ and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents.
Outline
- LKQ Corp. v. GM Global Technology Operations L.L.C. (Fed. Cir. May 21, 2024)
- New test for obviousness
- Challenges for design patents under the new test
- Best practices
Benefits
The panel will review these and other key questions:
- How will the Federal Circuit's decision and USPTO guidance change obviousness for design patents?
- What lessons can design patent counsel learn from the application of the obviousness test in utility patents?
- What are the steps that design patent applicants can take to stand up to obviousness rejections?
FACULTY