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.

9 minute read June 01, 2024 at 12:13 AM

Mikaela Stone

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

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).

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