The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing.
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC.
On May 21, 2024, the Court of Appeals for the Federal Circuit sitting en banc overruled the long-applied Rosen-Durling test for assessing the nonobviousness of design patents.
The Long-Standing Rosen-Durling Test used to Assess Nonobviousness of Design Patents is OVERRULED lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.