Top 50 Design Patent Cases # 3 Ex Parte Quayle The number 3 most cited case in design patent prosecutions is Ex Parte Quayle, 25 USPQ 74 (1935). This should not be surprising since the case is cited on the USPTO’s Office Action Summary form. But ignoring the form, Ex
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
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
1. Do drawing figures contain broken lines? Then a broken line statement should be included. 2. Do drawing figures not contain broken lines? Then a broken line statement should not be included. 3. Does the broken line statement (BLS) expressly identify what is represented by each type of
Common Rejections In General 1. Improperly including a broken line statement when no broken lines exist in the drawing figures. If the drawing figures have no broken lines, then a broken line statement should not be included. This sometime happens when drawing figures containing broken lines are cancelled during