How is prima facie obviousness established for design patents?
Establishing prima facie obviousness for design patents involves several key considerations. The MPEP states: “To establish prima facie obviousness, all the claim limitations must be taught or suggested by the prior art.” Additionally, the MPEP provides important guidance on the proper standard for obviousness: “In determining prima facie obviousness, the proper standard is whether the…
Read MoreWhat is the level of ordinary skill in the art for design patents?
The MPEP provides guidance on determining the level of ordinary skill in the art for design patents: “The ‘level of ordinary skill in the art’ from which obviousness of a design claim must be evaluated under 35 U.S.C. 103 has been held by the courts to be the perspective of the ‘designer of . .…
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