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JD Supra: Federal Circuit Revamps Obviousness Test for Design Patents
JD Supra· 1 day agoIn a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly ...
USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability | JD Supra
JD Supra· 6 days agoMany responses to that inquiry, which closes on June 20, 2024, have encouraged the USPTO to investigate how AI impacts obviousness determinations. Not surprisingly, the USPTO recently issued ...
Court Dismisses Patent Claims Directed to Intermittent Fault Detection in Electrical Systems for...
JD Supra· 4 days agoA district court recently granted a Rule 12(b)(6) dismissal of patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts, deciding that the ...
AI Can’t Be an Inventor, but Can It Be a Patent Killer? | The Recorder
Law.com· 2 days agoIn Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. The container had been created by DABUS, an artificial...
LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO | JD Supra
JD Supra· 3 days agoIn its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling test that required the primary reference must be “basically the same” as the challenged design, and any secondary ...
How AI Is Accelerating Innovation In Research And Development
Forbes· 6 days agoInnovation is increasingly intertwined with advancements in Artificial Intelligence. According to a...
Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness
The National Law Review· 5 days agoIn the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the...
Redesigning Design Patent Validity | JD Supra
JD Supra· 3 days agoAlmost immediately after the Federal Circuit handed down its opinion, the U.S. Patent and Trademark Office (the USPTO) issued new guidelines for the examination of design patent applications ...
Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional...
JD Supra· 3 days agoThe World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years ...
Shifting Burden Dooms Patent Owner | JD Supra
JD Supra· 6 days agoIn a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum ...