Jake Ward

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from February 2024 en banc rehearing of LKQ Corp. v. GM Global Technology Operations LLC. Although the law has not yet changed, the application of the current law has recently changed at the United States Patent & Trademark Office (USPTO). With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections under the current law. While we await any change to the law, practitioners should be prepared to address AI-assisted design patent rejections and should develop strategies for maintaining a design patent portfolio while the law and procedure evolve. Learn more about this trending IP topic from Brooks Kushman P.C. attorney Michael Turner. Read more: https://lnkd.in/epms2vAJ #designpatents #ai #intellectualproperty

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In the digital age, where copyrighted information and content are constantly being shared and consumed on the internet, one crucial mechanism for addressing copyright infringement is the DMCA takedown notice.  Our latest blog post explains how businesses and creators can use DMCA takedown notices to remove infringing content from the web. https://lnkd.in/eiXp6dS4

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New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act #CaseReviews #IntellectualProperty #Patents #2024patentjudgements #Claimamendments #GenomaticaInc #IndianPatentLaw #MadrasHighCourtJudgements #PatentClaims #Section59

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Shareholder Rob Katz will participate in a panel discussion guiding patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C during a Strafford CLE webinar on Wednesday, July 10 from 1 - 2:30 pm EDT. The webinar, "Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents," will examine the Federal Circuit's decision and its implications for design patents. Learn more and find out how to register here: https://bit.ly/3xDM8Wa #DesignPatents #IPLaw #DesignLaw #BannerWitcoff

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Our Design Patent Litigation Insights series continues with a look at the effects of the Federal Circuit's LKQ decision. 🏛️ While initial reactions to the Federal Circuit's recent decision to eliminate the long-standing test for design patent obviousness show that the impact might not be as immediate as expected, courts in Illinois and Arizona have weighed in—affirming previous rulings on patent validity despite the new standard. https://lnkd.in/eDGuPeCY #DesignPatents #LKQ #PatentLaw

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🚀New USPTO guidance on AI tools in patent practice 🚀 The United States Patent and Trademark Office (USPTO) has released important guidance on the use of artificial intelligence (AI) in patent practice. This guidance is critical for practitioners navigating the integration of AI tools in the preparation and prosecution of patent applications. Here are some key takeaways: 🔹 AI in Drafting: There are no restrictions on using AI for drafting, but all documents must be reviewed and signed by a human practitioner. Disclosure is required if the use of AI is material to patentability. 🔹 Filing documents: AI can assist in completing forms and accessing information, but cannot sign documents. Only humans can have http://USPTO.gov accounts. 🔹 System Access: AI tools must adhere to authorized access limits. Violations may result in account revocation and legal penalties. 🔹 Confidentiality: Practitioners must be vigilant about AI tools' terms of service, privacy policies, and cybersecurity to avoid inadvertent disclosures. 🔹 Fraud prevention: Unauthorized use of AI on USPTO websites is a serious offense under the Computer Fraud and Abuse Act. 🔹 Stay current: Practitioners should stay on top of AI-related updates from the USPTO and court decisions. For a deeper dive into these new guidelines and to ensure compliance, read the full guidance here: https://lnkd.in/egRHWQB9 #PatentLaw #ArtificialIntelligence #USPTO #LegalTech #Innovation

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Sidley has been recognized in 10 categories of Managing IP’s 2024 edition of IP STARS (Managing IP), earning five nationwide practice area rankings and recognition for the firm’s patent dispute capabilities in California, District of Columbia, Illinois, New York, and Texas. Read more here, https://bit.ly/4ctUvlD. #IntellectualPropertyLaw #IPLaw #PatentLaw

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It has been thought by many patent practitioners, based on prior court decisions, that incorporation of a user interface, such as a graphical user interface (GUI), could help to ensure patent-eligibility of claims of a computer-related patent application. In a recent decision by the U.S. Court of Appeals for the Federal Circuit, however, the extent to which this is true has been limited. In our latest blog post, Panitch Schwarze attorney Jeffrey Gluck, Ph.D. examines the implications of this case. #PatentLaw #PatentApplication #Patents

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Patent Law Alert- Federal Circuit Landmark Ruling Overhauls the Obviousness Test for Design Patents On May 21, 2024, the full U.S. Court of Appeals for the Federal Circuit (in a proceeding known as an en banc rehearing) issued a decision in LKQ Corp. v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. Cir. 2024). The Federal Circuit overruled earlier cases that dictated the long-standing, rigid two-part test for determining the obviousness of designs in the context of design patents. Instead, it adopted a more flexible four-part test applicable to utility patents. One Circuit Court Judge wrote a concurring opinion arguing that the overruled cases expressed the concepts adopted by the Court majority, albeit with a couple of unnecessarily strong words, and instead should have been modified rather than overruled. Read More: https://lnkd.in/eZAHewgQ #CowanLiebowitz #PatentLaw

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The latest update from the USPTO on inventorship for AI-assisted inventions provides crucial guidance that clarifies subject matter eligibility, especially under the Alice/Mayo test. With expanded examples and streamlined processes, this update is essential reading for anyone navigating patent law—from inventors and practitioners to examiners. Read more in this article authored by Arjun P. and Gary Sorden for Bloomberg Law. https://lnkd.in/epd5vdfa #PatentLaw #Innovation #USPTOUpdate #ColeSchotz #IPLaw

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Want to up your team’s patent game? At #IPOAM24? Come find our CEO Evan Zimmerman and let’s talk aptents at Intellectual Property Owners Association (IPO) in Chicago! #patents #patentlaw #patentlawyer #ip #intellectualproperty #legaltech #innovation #ai

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🚨 Patent rendered unenforceable due to USPTO typo! 😱 Court dismisses infringement claims over a simple '267' vs '268' error in terminal disclaimer. Proofreading has never been more crucial in patent law. #PatentLaw #IPLitigation

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Suiter Swantz IP Shareholder, Nick Grennan, authored the Feature Article of the May/June issue of The Nebraska Lawyer Magazine, titled "USPTO Continues to Wrestle with Reinterpreting Existing Patent Law to Balance AI Issues". The article focused on two recent pieces of USPTO Guidance, which addressed (a) guidelines for AI-assisted inventions and (b) the use of AI tools for drafting papers submitted to the USPTO, as well as practical considerations related thereto. Check out the full article here: https://lnkd.in/g74E6fy4.

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How will the LKQ v. GM decision affect design patent prosecution and litigation? On June 20th, WBD partner Brendan O'Dea will take a deep dive into this landmark decision on a webinar to discuss design patent obviousness. https://bit.ly/3RqKo9n

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