In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law
LexBlog IP
OCTOBER 6, 2021
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).
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