Federal Circuit Upends Longstanding Design Patent Obviousness Test

June 7, 2024

In so doing, the CAFC outlined the new framework by which design patent obviousness is to be determined at the United States Patent & Trademark Office (“USPTO”) during examination and post-grant proceedings, as well as during district court litigation involving infringement or invalidity challenges of design patents.

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A bakery manager in Michigan, he worked with Kellogg’s to create the snack which became a timeless American classic.

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