Don't Overreact To Fed. Circ. Design Patent Ruling

Law360 (November 19, 2018, 12:47 PM EST) -- The Federal Circuit in In re Maatita recently held that a single, two-dimensional plan view of a three-dimensional object in a design patent can satisfy the enablement and definiteness requirements.[1] Some in the patent bar may have overreacted to this ruling. But before adopting a doomsday view, several points should be considered to appreciate the likely practical impact of this decision.

Background

The design patent application in Maatita contained a two-dimensional, bottom plan view drawing of the bottom of an athletic shoe. Much of the drawing was excluded from the claim because it was shown in dashed lines. The patent examiner...

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