Unlike utility patents, which are frequently invalidated on obviousness grounds, design patents historically faced a rigid test making obvious findings rare. The Federal Circuit has just issued an en banc decision that upends...more
Kilpatrick Townsend partners Megan Bussey and Karam J. Saab recently presented “35 U.S.C. § 101 in 2023 - Prosecution and Litigation Perspectives” at the firm’s annual three-day “Ski-LE” in Colorado.
Five key takeaways on...more
Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent...more