Day: February 13, 2025

Design patent prosecution can be a complex and nuanced process, particularly when determining whether a design for an automotive part is obvious in light of prior art. A recent prosecution history involving a fender flare design provides valuable insight into how the Patent Office applies 35 U.S.C. § 103 and evaluates

The Federal Circuit’s recent decision in LKQ Corp. v. GM Global Tech. Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) has significantly altered the framework for assessing obviousness under 35 U.S.C. § 103 in design patent law. While the case specifically addressed § 103, its reasoning has broader implications, particularly