Bold Case Law Discussion: New Design Patent Obviousness Standard under KQL v. GM et al.

BIG Case decided by Federal Circuit last month which changes the standard for design patents from a more narrow "Basically the same" visual impression standard, to a much more broad utility patent analysis (under KSR), "teaching, suggestion, motivation" standard, which would make design patents much harder to acquire, and could invalidate the 400,000 existing enforceable design patents today.
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

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