Director Tracy-Gene G. Durkin was quoted in the interview “Screen In: How Counsel Protect Graphical User Interfaces,” published by Managing IP. From the article:

“Counsel could find it tough to differentiate designs from prior art. Tracy-Gene Durkin, director at Sterne Kessler in Washington DC, points out that examiners dig deep when looking at designs. They don’t just search design patents, they also scour utility patent registers and literature, including clipart, she says.

‘I can’t imagine being an examiner in this area because it seems like the prior art potential would be endless,’ she adds.

Durkin says her clients usually face validity challenges for GUIs on the basis of prior art rather than anything intrinsic to the design.”

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