The U.S. patent law landscape in the past year has seen considerable changes, particularly with the transition from Trump to Biden leadership at the USPTO. Under Biden, the focus has shifted towards workforce retention and streamlining operations, in contrast to the previous administration's approach. Notably, the LKQ v. GM case signifies a pivotal moment in design patent law, moving towards a more adaptable framework for obviousness that could influence future patent filings and bolster the rise of design patents, despite an increasing backlog.
The Biden administration’s approach to the USPTO has marked a significant departure from Trump’s policies, particularly evident in the focus on workforce retention and elimination of non-core operations.
The LKQ v. GM decision reveals a shift towards a more flexible standard of analyzing design patent obviousness, moving away from the previous Rosen-Durling framework.
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