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The New Design Patent Application Obviousness Test. EP143
Manage episode 421021131 series 2390290
There is a new standard for determining whether a design is obvious (and not patentable). The "old" rigid test called the Rosen-Durling test has been supplanted by a more flexible approach under the recently decided case of LKQ Corporation vs GM Global Technology Operations LLC. In this episode, learn how this new test is applied and why more of your design patent applications might get rejected for obviousness.
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E-mail: adiament@nolanheimann.com
Website: https://www.nolanheimann.com/legal-team/adam-diament
Phone/Text: (424)281-0162
165 episodes
Manage episode 421021131 series 2390290
There is a new standard for determining whether a design is obvious (and not patentable). The "old" rigid test called the Rosen-Durling test has been supplanted by a more flexible approach under the recently decided case of LKQ Corporation vs GM Global Technology Operations LLC. In this episode, learn how this new test is applied and why more of your design patent applications might get rejected for obviousness.
-------
E-mail: adiament@nolanheimann.com
Website: https://www.nolanheimann.com/legal-team/adam-diament
Phone/Text: (424)281-0162
165 episodes
All episodes
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1 The Risk of Joint Ownership in Patents – And Why It’s a Trap. EP157 6:38

1 Face Value: Protecting Your Identity with Name, Image, and Likeness Rights. EP156 8:22

1 Trademark Refused, Patent Approved: Illegal Intellectual Property Explained. EP155 9:53

1 Can Artificial Intelligence (AI) be an Inventor? Guidance from the Patent Office. EP154 8:13

1 Lights, Camera, Patent! 10 Celebrities You Didn't Know Were Patent Holders. EP153 9:33

1 Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason. EP152 7:37

1 Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims. EP151 7:19

1 What is Obviousness? A "Reasonable Expectation of Success," or "Predictable Results"? EP150 7:12

1 Congratulations! The Patent Office Wants More of Your Money! EP149 6:25

1 What is a Patent Post-Grant Supplemental Reexamination? EP148 8:01


1 Update on the Public Disclosure and On-Sale Bar Doctrine. Secret Methods! EP146 8:03

1 What are Standard Essential Patents (SEPs) and FRAND? EP145 8:07

1 Can You Patent Indigenous Knowledge and Genetic Resources? EP144 9:15

1 The New Design Patent Application Obviousness Test. EP143 7:21
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