How is the scope of prior art determined for design patents?
The scope of prior art for design patents extends to all “analogous arts.” The MPEP provides specific guidance for evaluating analogous arts in the design context: “In re Glavas, 230 F.2d 447, 450 109 USPQ 50, 52 (CCPA 1956) provides specific guidance for evaluating analogous arts in the design context, which should be used to…
Read MoreHow are multiple references combined in design patent obviousness rejections?
The MPEP provides guidance on combining multiple references in design patent obviousness rejections: “A rejection under 35 U.S.C. 103 would be appropriate if a designer of ordinary skill would have been motivated to modify a primary reference by deleting features thereof or by interchanging with or adding features from pertinent secondary references.” However, the MPEP…
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