Mondaq | Unifying The Analysis Of Obviousness For Design And Utility Patents

The Federal Circuit’s en banc ruling in LKQ Corp. v. GM Global Tech., in which LKQ was represented by Irwin IP, marks a pivotal change in design patent law by overturning the long-standing “Rosen-Durling” test for assessing obviousness. This article examines the USPTO’s updated guidance in response to the decision and its broader implications for both design and utility patents.