A New Test: Landmark Decision Overrules Framework for Design Patent Obviousness

The legal landscape quaked, and clients and counsel continue to navigate the tremors. More than 40 years of precedent was upended in May 2024 when a federal circuit court struck down the Rosen-Durling test for assessing obviousness of design patents, sending BakerHostetler attorneys into overdrive as they guide patent owners and challengers in how to obtain and enforce design patents amid the LKQ decision’s more-flexible obviousness analysis.

In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.