Forghany Quoted on AI Rollout at USPTO
Partner Ehsun Forghany was interviewed by Law360 about the US Patent and Trademark Office’s (USPTO) upcoming launch of DesignVision — an artificial intelligence (AI)-powered tool for conducting image-based prior art searches for design patents.
This development follows the Federal Circuit’s recent LKQ Corp. v. GM decision, which now permits prior art from any field of endeavor to be considered when examining design patents. Ehsun explained how DesignVision is expected to significantly expand the range of relevant prior-art references available to examiners, thereby raising the standards for establishing novelty and non-obviousness in design patent applications.
“The new, more flexible approach of LKQ combined with the USPTO’s implementation of the DesignVision tool will likely result in the USPTO rejecting many more design patents for obviousness and making design patents, in theory, harder to obtain,” said Ehsun, while strengthening the design patents that are ultimately issued.
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