dating a raver - Invalidating design patents

Issues of priority might be addressed during prosecution of a design patent application, before it reaches the PTAB.If you have concerns that certain aspects of a design application are not adequately supported by a priority application, those aspects might be removed from the design claim by redrafting the figures.This requirement was reiterated by the PTAB in its first IPR decision regarding a design patent, a decision that has now been affirmed by the Federal Circuit (cert denied).

invalidating design patents-1invalidating design patents-4

Note that since this is from 1993, there have been several changes to patent law.

However, these basic parameters are still in effect. To qualify for a design patent, the subject must be new in the sense that no single, identical design exists in the prior art, it must satisfy the ornamental standards, and it must be original to the inventor or inventors seeking protection.

However, I'm asking in the broader sense of what constitutes Prior Art for Design Patents.

Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.

Unfortunately for the patent holder in this case, words were just not as good as a picture of the design, and the support was deemed inadequate.