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- CHAPTER 23 Design Patents
Chapter 23 Outline
Jurisdiction | United States |
Chapter 23
Design Patents
§23.01 Introduction
§23.02 Requirements for Design Patentability
[A] Primarily Ornamental
[B] Novelty
[C] Nonobviousness
[1] Designer of Ordinary Skill Perspective
[2] Two-Step Analysis for Combining Design Prior Art
[3] Secondary Considerations
§23.03 Enforcement of Design Patents
[A] "Ordinary Observer" Test of Gorham v. White (U.S. 1871)
[B] Discarded "Point of Novelty" Component
[C] Modern Standard: Egyptian Goddess (Fed. Cir. 2008) ( en banc)
[D] Illustrative Decisions After Egyptian Goddess
[E] Doctrine of Equivalents and Prosecution History Estoppel
§23.04 Remedies for Infringement of Design Patents
[A] Statutory Basis: 35 U.S.C. §289
[B] Apportionment of Infringer's Profits for Multicomponent Products:...
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