Browse Issues Search Articles Submissions About the Journal Copyright Fixation Podcast Subscribe Go back to Issues ATTENTION COPYRIGHT EXPERTS: PATENT CHANGES THAT MUST BE ON YOUR RADAR 71 J. COPYRIGHT SOC’Y, 553, (2024) Amy L. Landers Drexel University Introduction This article explores recent changes in patent law that are specifically relevant to copyright practitioners. It highlights three major developments: the Federal Circuit’s ruling in LKQ Corporation v. GM Global Technology Operations L.L.C., which revised the obviousness standard for design patents; the U.S. Patent and Trademark Office’s (PTO) new guidance on inventorship for AI-assisted claims; and emerging state laws restricting broad patent assignment clauses in employment agreements. The LKQ decision aligns design patent standards more closely with those for utility patents, increasing scrutiny of prior art and making design patents more challenging to obtain. The PTO’s AI inventorship guidance clarifies that AI cannot be named as an inventor, though AI-assisted human creations still qualify for patents. Meanwhile, New York has joined the growing resistance to employer claims over employee-generated inventions. Together, these changes demonstrate the need for copyright professionals to maintain knowledge of developments in patent law. Full Article 71(3) Attention Copyright ExpertsDownload Related Content Event Jan 7 Copyright and Immersive Experiences: Navigating Registration Challenges at the U.S. Copyright Office Immersive media experiences blend technology, interactivity, and creative expression in ways that challenge traditional copyright registration practice. This panel will… Live CLE Credit Foundational Copyright Ideas Video Nov 12, 2025 Getting Your Arms Around the Public Domain: What to Know As Another Year's Worth of Content Becomes Available November 12 @ 1:00 pm - 2:00 pm ET Getting ready to field public domain questions in the new year?… CLE Credit AI & Copyright Creativity & Technology Collide Foundational Copyright Ideas Video Oct 29, 2025 Software Copyright Registration Challenges: Making the Best of a Difficult Situation The panel will discuss the difficulties in obtaining enforceable copyright registrations for computer source code, including version identification, identification and… Foundational Copyright Ideas