Design Patents May be Harder to Get Under New Test

Up until May 21, 2024, design patent applications were rarely rejected for being obvious. That all may have changed with LKQ Corp. et al v. GM Global Technology Operations LLC, in which the Federal Circuit rejected the traditional test for design patent obviousness for being "too rigid." Joseph P. Anderson III spoke to Law360 about the possible ramifications of this decision. 

"It's a unique situation where there's just not a whole lot of guidance right now, and it seems like the examiners and the patent office will play a pretty significant role early on in dictating how this proceeds," he said.

Mr. Anderson is a member of Ballard Spahr's Intellectual Property Department and Patents Team.

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