Design Patent Counsel Keen To Retain Obviousness Status Quo

Director Tracy-Gene G. Durkin was quoted in the article “Design Patent Counsel Keen To Retain Obviousness Status Quo,” published by Managing IP, regarding the Federal Circuit’s decision to grant an en banc rehearing in LKQ Corp v GM Global Technology Operations. From the article:

“Other sources agree that the Rosen-Durling status quo works best.

Tracy-Gene Durkin, director at Sterne Kessler in Washington DC, says the test is well-configured and isn’t responsible for the USPTO unnecessarily granting inappropriate patents.

‘Courts know how to apply it. You can have confidence when counselling clients as to whether their design is patentable or whether someone else’s patent may be invalid.

‘I not only think the certainty of it is good, it’s a well-reasoned test given the nature of design,’ she says.”