Sarah Burstein on Nostr: For anyone who doesn't know: The test is not: "Is the accused design closer to the ...
For anyone who doesn't know:
The test is not: "Is the accused design closer to the claimed design or to the closest prior art?"
It's: "Does the accused product look the same as the claimed design?"
If--and only if--the two designs are not plainly dissimilar, the factfinder can look to see whether the prior art narrows the presumptive scope of the claim.
For more on the test and how it works, with representative visual examples, see: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471
#DesignPatents #EgyptianGoddess
The test is not: "Is the accused design closer to the claimed design or to the closest prior art?"
It's: "Does the accused product look the same as the claimed design?"
If--and only if--the two designs are not plainly dissimilar, the factfinder can look to see whether the prior art narrows the presumptive scope of the claim.
For more on the test and how it works, with representative visual examples, see: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471
#DesignPatents #EgyptianGoddess