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WIPO Adopts First Design Law Treaty

After nearly two decades of negotiations, the Member States of the World Intellectual Property Organization ("WIPO") adopted the Riyadh Design Law Treaty, which aims to harmonize design protection procedures in countries...more

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Now a more flexible Graham v. John Deere analysis applies. On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more...more

Rosen-Durling Test Back on the Table

In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v. Teleflex. A...more

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