Apple Design Patent Rejected in Reexamination by USPTO

By | August 19, 2015

The Central Reexamination Unit of the USPTO issued a non-final rejection of an Apple design patent at the center of their patent battle with Samsung.


Many of the news accounts incorrectly state that the Apple design patent has been invalidated. A non-final rejection is just that – not final. Apple will have an opportunity to respond to this USPTO action. If Apple is not successful in convincing the patent examiner to change his mind they will be able to appeal the decision to the United States Court of Appeals for the Federal Circuit. Thus, this matter is a long way from over. Having said that, Florian Mueller (who not surprisingly writes an excellent article on the topic) thinks the odds are long that Apple will be able to overcome this rejection.


One new problem Apple now faces with respect to the ‘677 design patent is that the patent examiner has determined that the priority claim made in the patent “must be canceled.”

Author: Staff Writer

Craig Keefner -- With over 40 years in the industry and technology, Craig is widely considered to be an expert in the field. Major early career kiosk projects for him include Verizon Bill Pay kiosk and hundreds of others. Craig helped start kioskmarketplace before leaving. Note that the point of view here on kioskindustry is not necessarily the stance of the Kiosk Association or