Rob Maier, intellectual property and patent trial partner in Baker Botts' New York office. Courtesy photo Redesigning Obviousness: Federal Circuit's New Test for Obviousness in Design Patents
In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more flexible framework for determining whether a patented design is obvious.
July 23, 2024 at 10:00 AM
10 minute read
A recent decision from the U.S. Court of Appeals for the Federal Circuit has changed the standard approach to evaluating questions of patent validity—in particular, the question of whether a patented design is obvious—for design patents. Following the principles of the less rigid approach to evaluating obviousness for utility patents in the Supreme Court's decision in KSR International v. Teleflex, the Federal Circuit has now extended those broad-view principles to design patents. 550 U.S. 398 (2007).
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