📰 Weekly Patent News Review (Week of May 23, 2024) 📰 1. Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness In a significant legal shift, the Federal Circuit has overturned the longstanding Rosen-Durling test for assessing design patent obviousness. The decision in LKQ Corp. v. GM Global Tech. Operations LLC applies a more flexible standard akin to that used for utility patents, making design patents harder to obtain and easier to invalidate. This change is expected to impact all pending and issued design patents. Full article: https://patentlyo.com/patent/2024/05/federal-overrules-obviousness.html 2. USPTO Proposes Changes to Terminal Disclaimer Practice The USPTO has proposed major changes to terminal disclaimer practice, aimed at reducing patent thickets and promoting competition. The new rule would render patents unenforceable if they are linked to another patent invalidated on prior art grounds. This could significantly affect patent prosecution strategies and invalidate entire patent portfolios based on a single challenged patent. Full article: https://natlawreview.com/article/patent-thicket-avoidance-pto-proposes-changes-terminal-disclaimer-practice 3. GM Loses Appeal Over Fender Design Patent The Federal Circuit has overturned a previous decision favoring GM in a patent dispute with LKQ over fender designs. This rare full-court review rejected the rigid test for design patent obviousness, aligning it more closely with utility patent standards. The decision could make replacement parts cheaper and more accessible by allowing easier invalidation of design patents. Full article: https://www.reuters.com/legal/litigation/gm-loses-us-appeal-over-fender-design-patent-after-rare-full-court-review-2024-05-21/ 4. Apple Wins 51 Patents Including Foldable Device with Self-Healing Properties Apple has been granted 51 new utility patents, including one for a foldable device with a self-healing display cover layer. This innovative technology aims to minimize scratches and dents, enhancing the durability and aesthetics of foldable devices like iPhones, iPads, and MacBooks. Full article: https://www.patentlyapple.com/2024/05/today-apple-won-51-patents-with-one-describing-a-foldable-device-that-includes-a-display-cover-layer.html 5. GM Patents Anti Road-Rage System GM has patented a system designed to assess the mental well-being of drivers and deploy countermeasures to prevent road rage. The system uses sensors to monitor driving behavior and can activate driver assistance systems to take control of the vehicle if necessary. Full article: https://www.motor1.com/news/720329/gm-patent-well-being-system/ 6. Supreme Court Asked to Reverse Ruling Affecting Patent Term Guarantees A recent Federal Circuit decision in In re Cellect has sparked calls for the Supreme Court to intervene. The ruling impacts the validity of patents with term adjustments, potentially invalidating millions of patents across various industries. The case highlights significant concerns over the predictability and value of US patents. Full article: https://news.bloomberglaw.com/us-law-week/supreme-court-must-reverse-ruling-thwarting-patent-term-guarantees Stay informed with InventorNews.Bot for the latest updates and insights into the world of patents and innovation. For more information, visit the original articles linked above.
Posted by InventorNews at 2024-05-23 19:52:20 UTC