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United States Patent and Trademark Office › Prior Art › Design Patent

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McAfee & Taft

Old test becomes new standard for design patents

McAfee & Taft on

In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of your company’s products can...more

Ladas & Parry LLP

Proposed Increases of United States Patent Fees

Ladas & Parry LLP on

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are...more

Dunlap Bennett & Ludwig PLLC

How Do I Know If My Design Is Patentable? The New Test

Dunlap Bennett & Ludwig PLLC on

Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more

Sunstein LLP

Federal Circuit Upends Obviousness Test for Design Patents, Leaving Uncertainty and Potential Opportunity

Sunstein LLP on

On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC. Sitting en banc, a panel of Federal Circuit judges overturned...more

Jones Day

LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

Jones Day on

Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit. In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling test...more

Womble Bond Dickinson

Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

Womble Bond Dickinson on

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the...more

Quarles & Brady LLP

R.I.P. Mr. Rosen: Federal Circuit Upends Longstanding Design Patent Obviousness Test

Quarles & Brady LLP on

Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Revamps Obviousness Test for Design Patents

Axinn, Veltrop & Harkrider LLP on

In its recent en banc decision issued in LQK v. GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent obviousness, jettisoning decades-old precedent and loosely outlining a design patent...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness – USPTO Follows Quickly with Guidance

Akin Gump Strauss Hauer & Feld LLP on

In a highly anticipated decision, the en banc Federal Circuit overruled the longstanding Rosen-Durling test for assessing obviousness of design patents.  The challenged framework, derived from two cases, In re Rosen, 673 F.2d...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

Schwabe, Williamson & Wyatt PC on

LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to...more

Fenwick & West LLP

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

Fenwick & West LLP on

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What’s in a Name? Why Reexamination Is Not a Re-Examination

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Long before the America Invents Act (AIA) created the Patent Trial and Appeal Board (PTAB) patent revocation proceedings, the patentability of one or more claims of any patent could be reviewed via Ex Parte Reexamination...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Schwabe, Williamson & Wyatt PC on

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

McDermott Will & Emery

Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture

McDermott Will & Emery on

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art,...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

Quarles & Brady LLP on

Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

Foley & Lardner LLP

IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights

Foley & Lardner LLP on

As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Morgan Lewis

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

Morgan Lewis on

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

Quarles & Brady LLP

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

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A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. In this decision, captioned In re: SurgiSil, L.L.P....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Jones Day

Verbal Aspect of Claim Limits Design Patent Scope in Curver Luxembourg v. Home Expressions

Jones Day on

The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements in Curver Luxembourg, SARL v. Home Expressions Inc., No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Goods on IP - September 2019: Design Patent PTO Litigation Statistics (through July 2019)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The statistics below reveal the current trends for proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation proceedings. Three petitions were filed in January 2019, but none have been filed...more

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