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
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness – USPTO Follows Quickly with Guidance https://t.co/Uu4VYJJyyy
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness – USPTO Follows Quickly with Guidance https://t.co/fsEkZH8L9s | by @akin_gump
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid” https://t.co/mxytBpMbBa | by @wilmerhale
The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants. https://t.co/t9cuIIOjnu https://t.co/AZGVk1vBfG