Shruti Law PLLC’s Post

The US Patent and Trademark Office (USPTO) recently proposed a new rule for filing terminal disclaimers to overcome obviousness-type double patenting rejections. If adopted, the rule will likely spur patent applicants to consider new strategies for pursuing continuation applications. Check out this informative LawFlash by my colleagues Hayley Reed, Victor P. Ghidu, Ph.D., and Michael Abernathy. #mllifesci #wearemorganlewis

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007). The new guidance emphasizes the importance of adopting a flexible approach and providing a reasoned explanation when reaching a conclusion regarding the obviousness of a claimed invention. My colleague, John Hemmer, and I offer some takeaways and practice tips from the guidance in this LawFlash. Hope you enjoy!

Just this week, the United States Patent and Trademark Office (USPTO) issued much awaited guidance on both AI-assisted inventions and pleadings filed before the Office, which applies to the Central Reexamination Unit (CRU) and Patent Trial and Appeal Board (PTAB). The guidance is effective immediately and applies to utility, design and plant patents and applications. We’ve summarized what you need to know here: https://ow.ly/mY1k50QBSRI

Fairness, transparency, and efficiency - the U.S. Patent and Trademark Office recently released a notice of proposed rulemaking aimed at enhancing all three. USPTO Director Vidal calls it “an important step towards ensuring an efficient and streamlined patent system." The proposals are the result of a 2020 Request for Comments and a 2023 Advanced Notice of Proposed Rulemaking, which collectively received over 15,000 comments. Alert written by Alex Wharton, William Carter, and Rodney R. Miller https://bit.ly/3xQpqKd

🚀 A Fundamental Change to Design Patent Law After 40 Years 🚀 On May 21, 2024, the Federal Circuit made a landmark decision by overruling the Rosen-Durling test for design patents, replacing it with the more flexible four-factor Graham test. This change came after LKQ's challenge to GM's design patent, asserting it was invalid as obvious under 35 U.S.C. § 103. The en banc court unanimously found Rosen-Durling too rigid, aligning design patent invalidity analysis with the Graham factors used for utility patents. This shift is expected to result in more design patent rejections at the USPTO and could lead to longer trials with a higher success rate for defendants. https://lnkd.in/g_6AccQT #IntellectualProperty #PatentLaw #DesignPatents 

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007). The new guidance emphasizes the importance of adopting a flexible approach and providing a reasoned explanation when reaching a conclusion regarding the obviousness of a claimed invention. Check out this recent LawFlash by my colleagues John Hemmer and Andrew Dietrick for more information. #mllifesci #wearemorganlewis

The U.S. Patent and Trademark Office (USPTO) recently officially issued U.S. design patent 1 million, an important milestone in American innovation and creativity. Granted to Agustina Huckaby of Fort Worth, Texas, design patent 1 million is for the ornamental design for a dispensing comb. Huckaby, a licensed cosmetologist, holds another patent for a different comb design and markets her business under the federally registered trademark Pomp and Powder. The USPTO grants design patents for new, original, and ornamental designs for an article of manufacture. Protecting the way something looks, as opposed to how it works (covered by a utility patent), is a vital step for many small businesses. #intellectualproperty #patents #designpatent #USPTO #PLTIA #WIPO