Sarah FackrellJul 25, 2025
Coverage of this new development, via @law360.bsky.social: www.law360.com/ip/articles/...

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lu3u4qyu422u

AI Rollout At USPTO Has Attys ...
Show threadSarah Fackrell
I wish design patent file wrappers were all public so that we could test this hypothesis: www.law360.com/ip/articles/...
Jul 25, 2025 at 12:07pmWeb
Show threadSarah FackrellJul 25, 2025
I'm skeptical. Finding prior art is difficult, yes. But if examiners are applying #LKQvGM the same way that the PTAB is (at least so far), finding closer prior art still won't necessarily lead to a significant increase in design patent rejections.
Show threadSarah FackrellJul 25, 2025
I suspect that, more often, finding closer prior art during prosecution will be important in a different way: Creating a record regarding scope. Cf. THE COMFY.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lu6dwk4tqk2n