Patent Lodge

Last Spring, we reported on a case before the U.S. Court Of Appeals for the Federal Circuit relating to U.S. design patents, LKQ Corp. v. G. M. Global Technologies. As we noted then, the Federal Circuit, in agreeing to take up the case, would be deciding whether change was needed for the long-standing, established test for invalidation of U.S. design patents. That case has now been decided.

Well, the Summer Olympics are almost upon us and that got me thinking. Technology plays an important part in sport, such as with the development of sport equipment, gear and clothing. Many aspects of this equipment, gear and clothing may be patented, and thus there is a connection between the Olympics and patents. However, what about a connection between Olympians and patents? Put another way, has any Olympian also been a patent holder? 

Last summer, we reported on the U.S. Supreme Court’s decision regarding enablement compliance (in Amgen Inc. v. Sanofi). The U.S. Patent & Trademark Office has recently responded, publishing new guidelines for enablement, with these guidelines being applicable regardless of the technology.

The Federal Circuit has agreed to an en banc hearing of a design patent case that may change the landscape of design patent invalidation in the U.S. The case is LKQ Corp. et al. v. G.M. Global Technology Operations LLC, case number 21-2348.

The United States Patent and Trademark Office (USPTO) Director Vidal announced on July 24, 2023, that litigants can now request a review of Patent Trial and Appeal Board (PTAB) decisions to either institute or not institute patent challenges.

Under U.S. law, patent marking is optional. One may ask, well, then why do it? The short answer; damages.

We would like to introduce you to Patent Lodge.

In the U.S., patents will soon be granted electronically starting April 18, 2023.