DESIGN PATENT BLOG POSTS
Design Patents and Non-Final Rejections – 2024
Introduction In 2024, a full one third of all issued design patents received at least one non-final rejection during prosecution (46,589 issued, 15,425 non-final rejections).
Understanding Design Patent Obviousness Principles following LKQ v GM
Understanding Design Patent Obviousness Principles following LKQ v GM By: Robert G. Oake Introduction Criticizing the legal framework for determining obviousness in design patent law
Exploring the Depths: Overcoming Section 112 Rejections in Design Patent Prosecution
Failure to disclose the depth of certain design features is one of the most frequent rejections made during design patent prosecution. Rejections typically arise because applicants inadvertently overlook
Obviousness Rejection Overcome under LKQ Analysis – App. No. 29/838,012 – Litter Box – December 31, 2024
This design patent application highlights how the LKQ v. GM en banc decision emphasized the requirement of a record-supported reason for combining references and that the combination
Indefiniteness Standard at the USPTO – App. No. 29/871,033 – Insulation Resistance Tester – December 24, 2024
USD1,054,889 – Issue Date: December 24, 2024 Rejection: The examiner rejected the design claim under 35 U.S.C. 112, A and B paragraphs, as the claimed invention
New LKQ Obviousness Analysis – App. No. 29/911,351 – Attachment for Massage Device – December 3, 2024
USD1,053,376 – Issue Date: December 3, 2024 Rejection: The examiner rejected the design claim under Section 103 as being obvious in light of a combination
Obviousness-Type Double Patenting – App. No. 29/866,647 – Golf Club Head – December 24, 2024
USD1,055,187 – Issue Date: December 24, 2024 Key Point: The analysis for obviousness-type double patenting is similar but not identical to an obviousness analysis under
Top 50 Design Patent Case #5 In re Thorington
Top 50 Design Patent Case #5 In re Thorington The number five most cited case in design patent prosecutions is In re Thorington, 418 F.2d
Top 50 Design Patent Case #4 In re Blum
Top 50 Design Patent Cases #4 In re Blum The number four cited case in design patent prosecutions is In re Blum, 374 F.2d 904
The New York Times – Gorham v. White
The New York Times – Gorham v. White The following article was published in The New York Times on November 30, 1872 after the United
Top 50 Design Patent Cases #2 Gorham v. White
Top 50 Design Patent Cases #2 – Gorham v. White The number two cited case in design patent prosecutions is Gorham v. White 81 U.S.
Top 50 Design Patent Cases #1 International Seaway Trading Corporation v. Walgreens Corp.
Top 50 Design Patent Cases #1 – International Seaway Trading Corporation v. Walgreens Corp. The number one cited case in design patent prosecutions is International