How can an applicant rebut a prima facie case of obviousness for a design patent?
The MPEP outlines several ways an applicant can rebut a prima facie case of obviousness for a design patent: “Once a prima facie case of obviousness has been established, the burden shifts to the applicant to rebut it, if possible, with objective evidence of nonobviousness.” The MPEP provides examples of such evidence: Commercial success Expert…
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