USPTO Updates Guidance for Patent Examiners
Following Federal Circuit LKQ v. GM opinion, United States Patent and Trademark Office USPTO issued memorandum to patent examiners for patent design test obviousness
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Following Federal Circuit LKQ v. GM opinion, United States Patent and Trademark Office USPTO issued memorandum to patent examiners for patent design test obviousness
LKQ Corporation and Keystone Automotive Industries, Inc. (collectively "LKQ") filed a petition for inter partes review (IPR) to challenge the validity of GM Global Technology Operations LLC's ("GM")...
The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing...
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC...
On May 21, 2024, the Court of Appeals for the Federal Circuit sitting en banc overruled the long-applied Rosen-Durling test for assessing the nonobviousness of design patents.