The Federal Circuit’s more relaxed framework for invalidating obvious design patents will require years of legal work to iron out nuances in district courts and at the US Patent and Trademark Office.
The Tuesday opinion unwound a test for design patents dating back 42 years, bringing the approach more in line with how obviousness is determined for utility patents.
“I assume there’s going to be people teeing up PTAB filings if they haven’t done so already,” said James Perkins.
