Teaching Away Update – Roulette Game In App. No. 29/842,266 (Display Screen with Graphical User Interface of a Roulette Game with a Contrasting Sector Highlighting Effect) (now US Design Patent D1,039,547 – issued August 20, 2024), Applicant filed a single design figure, as follows: Roulette Wheel The examiner rejected the
Secondary Considerations in Design Patent Law Introduction One of the four factual inquires within the Graham obviousness analysis for design patents is assessment of secondary considerations. See LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280, 1300 (Fed. Cir. 2024) (citing and quoting Graham v. John Deere Co.,
The analogous art requirement determines the scope of prior art that can be considered when assessing whether a claimed design is obvious or anticipated. It exists because a person of ordinary skill “could not possibly be aware of every teaching in every art.” In re Wood, 599 F.2d 1032, 1036
ProSearch Update – Sec. 112 Indefinite Depth Rejections and In re Maatita Summary: Four Applications mentioned In re Maatita. In the first, the applicant overcame a 112 rejection by amending the description of the figure. In the second, the applicant overcame the Sec. 112 rejection by inserting broken line boundaries
Working with design patents can be enjoyable because they consist mainly of a drawing or set of drawings. There is some written description to be sure, but absent are the typical pages and pages of text usually found in utility patents. However, attractive drawings can be misleading. Despite the apparent