DESIGN PATENT BLOG POSTS
Can Visual Similarity Between References Still Provide a Motivation to Combine?
After LKQ overruled Rosen-Durling, does visual similarity still supply a motivation to combine references? ProSearch + AI traces the answer through the en banc opinion, the USPTO’s guidance memo, and a June 2025 district court ruling in LKQ’s own remand, with the authority hierarchy kept straight throughout.
Common rejections in design patent reissue applications
ProSearch + AI surveys which rejections are most common in design patent reissue prosecution — drawn from 17 real prosecution files, with the § 251 declaration defect leading by a wide margin.
Navigating the Minefield: Avoiding Prosecution History Disclaimer and Estoppel in Design Patent Prosecution
One way to increase the value of a design patent is to avoid making arguments during prosecution that disclaim, or narrow, the enforceable scope of
Design Patent Data for June 24, 2025
A total of 926 Design Patents issued on June 24, 2025. Unpublished PTAB Decisions One application (29798750) has an unpublished PTAB decision (Ex Parte Chen,
LKQ in Action: Five Recent Design Patent Prosecutions
In LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024), the Federal Circuit fundamentally reshaped design patent obviousness law. LKQ successfully argued that the long-standing
Design Patent Data for June 17, 2025
948 Design Patents issued on June 17, 2025. Notable Issues Five applications have a 103 Obviousness analysis with an LKQ discussion. These are: 29895014 (Wine
Design Patent Data for June 10, 2025
973 Design Patents issued on June 10, 2025. Notable Issues Three applications have a 103 Obviousness analysis with an LKQ discussion. These are: 29856109 (Femoral
Overcoming Obviousness in Design Patents with Strategic Title Amendment and LKQ Advocacy
Application No. 29/852,171 | Issued June 3, 2025 as D1,078,041 In this week’s featured prosecution, we examine the successful traversal of an obviousness rejection in
Design Patent Data for June 3, 2025
Design patent practitioners might find interesting and useful some weekly design patent data. If anyone is interested in additional statistics, information, issues, or recommended practices
Faster Design Patents Without the Rocket Docket
Now that the expedited examination procedure for design patents has been suspended, what can practitioners do to speed up prosecution? We know from pendency statistics
Understanding Hybrid 2D/3D Disclosure in Design Patent Prosecution: Lessons from Maatita and PTAB Decisions
Are hybrid 2D/3D design disclosures sufficiently definite under 35 U.S.C. § 112? The answer is of growing importance because it directly impacts indefinite depth rejections,
Obviousness in Automotive Part Design: Key Takeaways from a Fender Flare Application
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