The U.S. Patent and Trademark Office (USPTO) recently issued guidelines on how to execute the Federal Circuit’s recent, en banc decision that introduced more flexibility into the standard for the obviousness of design patents. The new instruction from the USPTO provides critical clarification on applying this new judicial interpretation in everyday practice.
The standard for obviousness is crucial in patent law, determining whether a design is unique enough to warrant patent protection. The federal circuit’s decision will inevitably impact both patent applications and opposition to them, making the USPTO’s guidance of significant relevance to legal professionals working in the field of intellectual property.
For those interested in understanding the new terrain in design patents, take a look at the detailed information provided by the USPTO on their application of this amended legal standard, available here.