On Tuesday, the U.S. Patent and Trademark Office released new guidance to determine “obviousness” in patents, stemming from recent Supreme Court precedent. Intellectual Property (IP) attorneys have stated that although the new guidelines could simplify procedures for utility patent prosecutors and their clients, there remain open questions about the application of this precedent on design patents.
“There’s no thornier issue than obviousness in patentability,” according to seasoned IP attorney Kevin Crosby of Rubin & Rubin in Florida. He believes the new guidelines bring both good and bad news for inventors. On one hand, it will streamline the process for patent prosecutors, but on the other hand, it makes the landscape intricate for inventors, especially those dealing with design patents.
For more insights from Crosby and a detailed outlook on the implications of this new guidance, see the article in its entirety on the National Law Journal.