How do secondary considerations affect design patent obviousness analysis?
Secondary considerations, also known as objective indicia of nonobviousness, play an important role in design patent obviousness analysis. The MPEP discusses their relevance: “Secondary considerations, such as commercial success, long-felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to…
Read MoreHow does the concept of nexus apply to design patents?
The concept of nexus also applies to design patents, similar to utility patents. As stated in the MPEP, ‘[T]he obviousness analysis involves determining whether ‘the claimed invention as a whole would have been obvious[]’ (quoting 35 U.S.C. 103 )[], and yet we still require a link to the claimed invention’s unique characteristics in that context.…
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