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ARTICLE · 01 MARCH 2019

US Federal Circuit: A Design Can Be Protected In Two Dimensions

"The showing of depth, and other aspects of the requirements for a perspective view, tends to add limitations to the claim that now can be eliminated," ...

United StatesIntellectual Property

"The showing of depth, and other aspects of the requirements for a perspective view, tends to add limitations to the claim that now can be eliminated," as Daniel Gurfinkel of Dennemeyer & Associates US explains.

The Chicago office of Dennemeyer & Associates was recently asked to assist in the prosecution of a US national phase design patent application which had its priority in an International Design application. The design comprised the front elevational view of an industrial product and five similarly shown additional embodiments of the product, showing no other views for any of the embodiments.

In our arguments before the US Patent and Trademark Office (USPTO), we insisted that the design was not unlike a design for a two-dimensional object (such as a placemat or rug) or even a graphical user interface (GUI) for which US Patent law (35 USC §171 et seq) allows a single drawing to represent the industrial design.

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