The Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, deeming it 'improperly rigid.' This decision marks a significant shift in how design patent obviousness is evaluated, overturning decades of precedent. Following the ruling, the United States Patent and Trademark Office (USPTO) swiftly issued new guidance to align with the updated standard. Legal experts from firms such as WilmerHale, Akin Gump, and Venable LLP have provided insights into the implications of this change.
Federal Circuit Overrules Obviousness Test for Design Patents and Decades of Precedent https://t.co/iDU0fxnyU4 | by @venablellp
Interference Analysis Is a Two-Way Street https://t.co/Syv2Ebtg12 #patent #federalcircuit #intellectualproperty @McDermottLaw https://t.co/2m5xc8lrzW
Federal Circuit Revamps Obviousness Test for Design Patents https://t.co/tNC9CmRIS9