Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
Patently-O
MAY 21, 2024
Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. ยง 103 “applies to all types of patents” and the text does not “differentiate” between design and utility patents.
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