
Patent Board Reverses Rejection Based on Design Choice
Is it “obvious”?
If it’s a “design choice,” yes.
If functional, no.
Is it “obvious”?
If it’s a “design choice,” yes.
If functional, no.
Design patents can
Protect surface features of
Useful devices
Patent rejected
Because it’s too obvious –
Federal Circuit
Claims aren’t too abstract
If patent solves a problem,
Says Federal Court
Patents for designs
Must be associated
With physical things
Federal Circuit
Says drawing can be 2D
If object’s 3D