En Banc Court Overrules Rosen-Durling, Endorses Graham For Design Patents

( May 21, 2024, 3:32 PM EDT) -- WASHINGTON, D.C. — In a May 21 en banc holding, the Federal Circuit U.S. Court of Appeals said the “same conditions for patentability that apply to utility patents apply to design patents” and declared their decades-old approach to determining design patent obviousness “improperly rigid” and no longer good law....