The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of design patents....more
In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit...more