#patent-examination

#patent-examination

We saw a huge change in our U.S. Design Patent system two years ago. In May 2024, the Federal Circuit decided LKQ v. GM, and ushering in a flexible obviousness test. The prior test was both rigid and restrictive and very few design patent applications were ever rejected as obvious. The new test opens the door to more rigorous obviousness examination.

For patents to be born strong, and the public to have confidence that they are, we must ensure strict adherence to USPTO's ethical standards and avoid (real or apparent) conflicts of interest.

He told attendees of the American Intellectual Property Law Association (AIPLA) Annual Meeting that his administration 'inherited an unexamined patent application backlog that was an absolute dumpster fire.' Squires noted that the backlog was at 837,928 unexamined applications on January 20 and that the number jumped from 576,103 in 2020 to 837,928 in January 2025, adding that this represents a 'total betrayal of American inventors who deserve better.'