Download This PaperDesign Patents Are Sinking in International Seaway: Rethinking Design Patent Anticipation
14 Pages Posted: 18 Feb 2020 Last revised: 20 Feb 2020
Date Written: February 5, 2020
Abstract
The current test for design patent anticipation, as stated in the 2009 Federal Circuit case of International Seaway Trading Corp. v. Walgreens Corp, 589 F.3d 1233, is the ordinary observer test, the same test as used for design patent infringement. This is legally and logically flawed.
Keywords: design patents, anticipation, infringement, ordinary observer, Federal Circuit, International Seaway
Suggested Citation: Suggested Citation
Saidman, Perry, Design Patents Are Sinking in International Seaway: Rethinking Design Patent Anticipation (February 5, 2020). Available at SSRN: https://ssrn.com/abstract=3532376 or http://dx.doi.org/10.2139/ssrn.3532376