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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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