1. EachPod

The New Design Patent Application Obviousness Test. EP143

Author
Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
Published
Thu 30 May 2024
Episode Link
https://patentingforinventors.libsyn.com/the-new-design-patent-application-obviousness-test-ep143

There is a new standard for determining whether a design is obvious (and not patentable).  The "old" rigid test called the Rosen-Durling test has been supplanted by a more flexible approach under the recently decided case of LKQ Corporation vs GM Global Technology Operations LLC. In this episode, learn how this new test is applied and why more of your design patent applications might get rejected for obviousness.

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