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
The prosecution history of Design Patent Application No. 29/860,441 (US D1,057,742) provides an insightful case study on the evolving obviousness standard in design patents post-LKQ Corp. v. GM Global Tech. Operations LLC., 102 F.4th 1280 (Fed. Cir. 2024). This application faced an initial rejection under 35 U.S.C. §103 based on
Introduction The landmark LKQ Corp. v. GM Glob. Tech. Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) decision reshaped the landscape of design patent law and is primarily known for its impact on the obviousness test. However, the recent prosecution history (App. No. 29/845,039) of a design patent for a
When analyzing design patent prosecutions with non-final rejections over the past four years (2021-2024), we uncovered interesting insights from the top 50 most cited cases. The chart and table (see below) highlight these cases and provide key takeaways about their influence. Key Observations 1. Age of the Cases One of
The first step is entering a search term in the search bar. For example, if you receive a rejection based on In re Owens, you may want to research how other design patent applicants have handled similar rejections. To search, type “In re Owens” in the search bar, leave the