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Opening a Can of Worms for Design Patent Obviousness?

Opening a Can of Worms for Design Patent Obviousness?

by John Evans, Ph.D. | Oct 4, 2019 | Design Patents, Federal Circuit Appeal

By Kerry Barrett and John Evans Design patent obviousness requires a heavy threshold burden of proof.  Challengers have to find a “primary reference,” i.e., prior art that has “basically the same” design characteristics as the claimed design.  Below is an example of...

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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.