The Federal Circuit has overruled the long-standing Rosen-Durling test used to evaluate obviousness of design patents. LKQ Corp. v. GM Global Tech. Op. LLC, No. 2021-2348 (Fed. Cir. May 21, 2024).
Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness
The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.
By
Mikaela Stone
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