USPTO moves quickly after LKQ to update design-patent obviousness examination

The USPTO issued updated examination instructions immediately after the Federal Circuit's en banc LKQ design-patent decision.

The guidance told design examiners and PTAB panels that design-patent obviousness analysis must follow LKQ and account for KSR-style flexibility rather than the former Rosen-Durling test.

For design applicants, that means prior-art searching, office-action responses, and appeal strategy all need to adjust to a less rigid obviousness framework.

IPDispatch should track the guidance alongside LKQ itself because agency implementation determines how quickly doctrine changes prosecution reality.