Quinn IP Law News and Insights

Stay up to date on all the latest Quinn IP Law news and events.

At Quinn IP Law, we take pride in our reputation as a forward-thinking law intellectual property law firm focused on impeccable quality over billable hours. We constantly strive to improve our practice and make positive and insightful contributions to our field. From thought leadership to community service, you can learn about our team’s most recent work and achievements here.

It’s Over, Durling: Federal Circuit Rejects Rosen-Durling Test for Assessing Obviousness In Design Patents

In a much-anticipated decision, a full bench of the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness in design patents. LKQ Corp. v. GM Global Technology Operations LLC, No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). For some time, design patents have followed the Rosen-Durling test, which has a two-part requirement that (1) the primary reference must be “basically the same” as the claimed design; and (2) any secondary references must be “so related” to the primary reference that features from one would suggest application to the other. On the other hand,…

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Claim Scene Investigation, Part 1

Our post of March 19, 2024, makes the good point that patent examiners are not the enemy. We often see patenty people who seem to want to begin each Office Action (“OA”) response with, “Hello. You rejected my patent application. Prepare to die.” In reality, we and the patent examiners share a duty to bring to issue the correct patent — the one with a scope that the inventors deserve in law and equity — not the broadest one conceivable in some alternate universe (Hear us, patent litigators,) nor the narrowest spawn of desolation. Agreed. Now, onward to implement this…

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U.S. Patent and Trademark Office Proposes New Fees and Significant Fee Increases That Will Change Future Patent Practices

In a recent Notice of Proposed Rule Making, the United States Patent and Trademark Office (USPTO) has unveiled a series of proposed patent fee changes that are set to take effect in fiscal year 2025. It was announced that these changes aim to better align the agency’s fee structure with the costs associated with processing patent filings.  Many of these proposed fee changes are negligible; however, some proposed changes include significant increases to filing fees and appeal fees as well as new fees that will likely influence applicant strategy at the drafting, filing, and prosecution stages of the application process….

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