Location of First Disclosure Crucial for Unregistered Design Rights
While the end of the Brexit transition period has seen the creation of UK equivalents for registered EU IP rights, going forward the location of first disclosure of a product will determine whether UK or EU unregistered design rights can be obtained.
CAFC Provides Pertinent Guidance on Criteria for Analogous Prior Art
In Donner Technology LLC v Pro Stage Gear LLC 20-1104 the US Court of Appeal for the Federal Circuit (CAFC) clarified the approach to considering analogous art in relation to obviousness determinations.