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.,
Understanding Design Patent Obviousness Principles following LKQ v GM Preliminary Draft for Comment By: Robert G. Oake Introduction Criticizing the legal framework for determining obviousness in design patent law is popular sport. After all, it makes for an easy mark. Whether a design is obvious is inherently subjective and attempts
Wire framing is a technique that defines shape and contour of a design with lines created at changes in form, such as when a flat surface transitions into a curved surface. Wire frame lines often are created by CAD drawing programs. Although wire framing is not prohibited by the USPTO,