Lessons From Larry Junker Versus Medical Components,
Martech Medical Products (or How Not to Shoot Yourself in the
Foot)
In the United States, designs are examined and maintained as a
type of patent, subject to the same patentability requirements as a
utility patent. Therefore, to be patentable, a basic requirement is
that of novelty. To be novel, a claimed design cannot have been
"described in a printed publication, or in public use, on
sale, or otherwise available to the public before the effective
filing date of the claimed invention" (pre-AIA 35 U.S.C. 102(b)). 1
Regarding, the "on sale" portion of Section 102, the
question to be asked is whether "there was a definite
sale, or offer to sell, more than 1 year before the effective
filing date of the claimed invention and the subject matter of the
sale, or offer to sell, fully anticipated the claimed invention or
would have rendered the claimed invention obvious by its addition
to the prior art." (MPEP 2133.03(b) c
