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. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. 3d 1334 (Fed.
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