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What is the standard for determining anticipation in design patent applications?

By russ.krajec@blueironip.com | September 27, 2024

The standard for determining anticipation in design patent applications is the “ordinary observer” test. As stated in the MPEP: Under the ordinary observer test, ‘if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such…

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