U.S. Patent and Trademark Office building in Alexandria, Virginia. Photo: Diego M. Radzinschi/ALM 'Big Deal': Federal Circuit Ruling May Mean More Design Patent Rejections, Experts Say
"I think there'll be more (design patent rejections), but I don't think this is going to be some sort of sea change," said Finnegan Henderson partner Elizabeth Ferrill.
May 24, 2024 at 05:22 PM
6 minute read
Patent Litigation
The U.S. Court of Appeals for the Federal Circuit this week ditched what it called a rigid test for determining if design patents are obvious and therefore invalid in favor of a more flexible one, a decision legal experts say may make it easier to sink design patents.
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