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. at 15 (Fed.

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. First, they must be novel (i.e., Telflex, Inc.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Riyadh Design Law Treaty: Bringing Design Law into the Future

IP Watchdog

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

Designs 52
article thumbnail

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

JD Supra Law

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Courtโ€™s 2007 decision in KSR v. 398 (2007), which significantly broadened the obviousness inquiry for utility. Teleflex, 550 U.S.

article thumbnail

Federal Circuit Revamps Obviousness Test for Design Patents

JD Supra Law

Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Teleflex Inc.[1] 1] Accordingly, the Federal Circuit overruled the previous.

article thumbnail

Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

IPilogue

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. Nicklaus incorporated GBI Nicklaus in 1984 and he remained manager when the deal was made in 2007. Nicklaus is one of the most prominent names in golf, so this recent filing has garnered the attention of sports reporters.

Contracts 119
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. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d at 415, should cause us to eliminate or modify: (a) Durlingโ€™s requirement that โ€œ[b]efore one can begin to combine prior art designs. GM Global Tech , 21-2348 (Fed.