Visual Invention

46 Pages Posted: 12 Sep 2011 Last revised: 17 Jul 2015

Date Written: April 9, 2012

Abstract

Recently, there has been a renewed interest in design patents and, in particular, in the issue of nonobviousness. Courts and commentators have long struggled with how the nonobviousness requirement should be applied to designs. This Article argues that the Federal Circuit’s current test for design patent nonobviousness is flawed and proposes several changes to that test. The approach proposed here will provide much-needed clarity in an unusually murky area of law and will also better promote the relevant policy goals.

Keywords: Intellectual property, design patents, industrial design

Suggested Citation

Burstein, Sarah, Visual Invention (April 9, 2012). 16 Lewis & Clark L. Rev. 169 (2012), Available at SSRN: https://ssrn.com/abstract=1926162

Sarah Burstein (Contact Author)

Suffolk University Law School

120 Tremont Street
Boston, MA 02108-4977
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
697
Abstract Views
8,870
Rank
70,751
PlumX Metrics