On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger. Listening to the argument, it became instantly clear that the designer’s voice was missing from the arguments of both parties. The judges had deeply probing and important questions that need the input of a design professional. As an experienced design professional, I penned this article to highlight the designer’s voice by providing answers to several critical questions posed by the court during oral argument.
Recent Posts
- Patently Strategic Podcast: ITC Proofing Portfolios
- USPTO Says Order Terminating More than 3,000 Applications for Fraudulent Signatures is a Warning for Practitioners
- Export Control Requirements When Assigning Chinese Patents and Patent Applications to Foreign Entities
- Register of Copyrights Shira Perlmutter Jumps into the Great AI Debate at IPWatchdog LIVE
- Checking in With Alice Part II: Takeaways and Predictions