Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

9 minute readJune 01, 2024 at 12:13 AM
By
Mikaela Stone
Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

The Federal Circuit has overruled the long-standingRosen-Durling test used to evaluate obviousness of design patents.LKQ Corp. v. GM Global Tech. Op. LLC, No. 2021-2348 (Fed. Cir. May

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