The New Design Patent Application Obviousness Test. EP143


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May 29 2024 7 mins   6

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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