esk republika dating site - Invalidating a design patent
The design patent statute provides that infringement exists when someone applies a colorable imitation of a design to an article of manufacture.In the case decision), the Circuit decided that whether something is substantially the same should be decided from the perspective of an ordinary observer, and not by an expert in the field to which the design pertains.
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If the case is reversed or the Court rules that the question of what constitutes “the article” is to be a jury question, design patents still will play a critical and significant role in the protection of technology, both as to so-called “artistic designs” and as to the useful features of inventions.
Permit us to explain why. It Is More Difficult Than Ever to Assert Functionality as a Defense to Design Patent Infringement.
Law360, New York (December 2, 2014, AM EST) -- On Dec.
With numbers like that, it’s slightly less shocking to see recent reports indicating that these companies are spending more on patent litigation and acquisition than research and development of new products. Nonetheless, despite the staggering numbers being spent...
This decision has been said to emaciate the defense that a design patent is attempting to protect purely functional features.