CLASS 99
The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.
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MONDAY, 30 NOVEMBER 2009
US design validity
Thanks to the very wonderful Patently-O blog for pointing us to this recent draft article by Mueller & Brean on US design patent validity - arguing, as we have done here, that there is little or no place for the obviousness-style approach used in utility patent cases, and that the "ordinary observer" test ought to rule validity as it does infringement.
Also on Patently-O, an illuminating aside on the US approach to the conflicting (or are they?) drivers of functionality and ornamentation, with reference to Bissell Homecare v. Wildwood Industries - it bears careful comparison with the approach of the OHIM Board of Appeal in the Chaff Cutters case reported here a little while back. Posted by: David Musker @ 14.36
Tags: design patent, functionality, us, validity,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA65
US design validity
Thanks to the very wonderful Patently-O blog for pointing us to this recent draft article by Mueller & Brean on US design patent validity - arguing, as we have done here, that there is little or no place for the obviousness-style approach used in utility patent cases, and that the "ordinary observer" test ought to rule validity as it does infringement.
Also on Patently-O, an illuminating aside on the US approach to the conflicting (or are they?) drivers of functionality and ornamentation, with reference to Bissell Homecare v. Wildwood Industries - it bears careful comparison with the approach of the OHIM Board of Appeal in the Chaff Cutters case reported here a little while back. Posted by: David Musker @ 14.36
Tags: design patent, functionality, us, validity,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA65
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