Full Federal Circuit Eliminates “Improperly Rigid” Tests for Design Patent Obviousness
JD Supra Law
MAY 23, 2024
In an en banc decision, the Federal Circuit decided this week that well-established tests for determining design patent obviousness are “improperly rigid,” in violation of U.S. Teleflex, which established that flexibility is required when determining the obviousness of utility patents. Supreme Court precedent such as KSR v.
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