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Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, July 10, 2024

Recorded event now available

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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.

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Outline

  1. LKQ Corp. v. GM Global Technology Operations L.L.C. (Fed. Cir. May 21, 2024)
  2. New test for obviousness
  3. Challenges for design patents under the new test
  4. 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

Carani, Christopher
Christopher V. Carani

Shareholder
McAndrews Held & Malloy

Mr. Carani is nationally recognized in the field of design law, regarding the protection and enforcement of aesthetic...  |  Read More

Durkin, Tracy-Gene
Tracy-Gene Durkin

Director
Sterne Kessler Goldstein & Fox

Ms. Durkin heads the firm’s Mechanical and Design Patent Group. With nearly 30 years of experience obtaining...  |  Read More

Katz, Robert
Robert S. Katz

Principal Shareholder
Banner Witcoff

Both nationally and internationally, Mr. Katz is considered one of the premier practitioners in the field of industrial...  |  Read More

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