Remove 2007 Remove Design Patent Remove Designs Remove Patent Law
article thumbnail

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. ยง GM Global Tech. Operations LLC , No.

article thumbnail

Obviousness Test for Design Patents Unchanged

The IP Law Blog

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

article thumbnail

Reevaluating Design Patent Obviousness

Patently-O

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d The case under scrutiny is LKQ Corp. Teleflex Inc.,