How does the “ordinary designer” standard apply to design patent nonobviousness?
How does the “ordinary designer” standard apply to design patent nonobviousness? The “ordinary designer” standard is crucial in determining nonobviousness for design patents. According to MPEP 1504.03, “The proper inquiry for determining obviousness is whether the claimed design would have been obvious to a designer of ordinary skill who designs articles of the type involved.”…
Read MoreWhat is the role of “ordinary designer” in design patent obviousness determinations?
The concept of the “ordinary designer” plays a crucial role in determining obviousness for design patents. The MPEP states: “In determining obviousness, the standard is whether the design would have been obvious to a designer of ordinary skill who designs articles of the type involved.“ Key aspects of the “ordinary designer” standard include: It is…
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