Federal Circuit Overrules 'Improperly Rigid' Obviousness Test

In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.

8 minute readAugust 01, 2024 at 12:09 AM
By
James L. Ryerson
Federal Circuit Overrules 'Improperly Rigid' Obviousness Test

In an eagerly anticipateden banc decision involving the proper standard for assessing when a claimed design is obvious, the U.S. Court of Appeals for the Federal Circuit overruled the

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