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The "New" Old Standard: The Ordinary Observer Test for Design Patent Infringement


by Paul S. Cha
Thomas J. Rossa
Holme Roberts & Owen LLP
Denver Office

October 13, 2008

Previously published on October 2, 2008

Design patents are granted by the U.S. Patent and Trademark Office to protect unique shapes and configurations that may not be mechanically novel but which are attractive to a consumer.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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