5 Key Takeaways - A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law

Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” The panel discussed U.S. design patents and how they have historically been very difficult to invalidate. For decades, the Rosen-Durling test has been used to assess obviousness of U.S. design patents. The test’s rigid standard resulted in few design patents being invalidated as obvious. The Federal Circuit’s May 2024 en banc decision in LKQ Corporation v. GM Global Technology Operations LLC overruled the Rosen-Durling test, paving the way for a more flexible approach to demonstrating design patent obviousness. This shift will impact how patent owners and patent challengers approach U.S. design patents in the future.