In the prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO), under certain instances, an examiner can issue a nonstatutory obviousness-type.
Following Federal Circuit LKQ v. GM opinion, United States Patent and Trademark Office USPTO issued memorandum to patent examiners for patent design test obviousness
USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness | Womble Bond Dickinson jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate.