Sarah Burstein on Nostr: In my original paper, I also suggested that there might be some situations in which a ...

In my original paper, I also suggested that there might be some situations in which a primary reference should not be necessary to invalidate a design under § 103.

But now, I think that those situations might be better addressed as a matter of originality, not obviousness.

- Short version: https://patentlyo.com/patent/2023/07/design-patent-exceptionalism.html

- Longer version: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4496762