In LKQ v. GM, a May 21, 2024 en banc decision on an appeal of an IPR final written decision determining that the challenged claim of GM’s U.S. Design Patent No. D797,625 (directed to the design for a vehicle front fender) was not obvious, the Federal Circuit vacated and remanded the PTAB’s decision, overruling the Rosen–Durling test for obviousness of design patents and articulating general guidance for a new obviousness test it determined was more consistent with Supreme Court authority, in particular the “flexible standards” applied in Smith v. Whitman Saddle Co., 148 U.S. 674 (1893), Graham v. John Deere, 383 U.S. 1 (1966), and KSR v. Teleflex, 550 U.S. 398 (2007). Continue Reading Federal Circuit Reframes Test for Obviousness of Design Patents
In Campbell Soup Co. v. Gamon Plus, Inc., the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 
Galaxia Electronics Co., Ltd. v. Revolution Display, LLC, PGR2016-00021, Galaxia sought post-grant review of Revolution’s U.S. Design Patent No. D736,750, entitled “Modular Video Support Frame Member.” The patented design was directed to a support frame for video monitors used in large-scale LED video image displays, such as those used on-stage at rock concerts, on the sides of buildings, or at amusement parks. Galaxia sought cancellation of the claimed design on grounds of non-joinder of proper inventors, and lack of ornamentality under 35 U.S.C. § 171. On November 2, 2016, the PTAB denied institution of the PGR. 
For example, U.S. design patents filed on or after May 13, 2015 enjoy a 15-year term with no maintenance fees. And U.S. design patent applicants may now file their design applications under the Hague Agreement, which publish six months after filing.