Design Patent Confusion In Fed. Circ. Maatita Ruling
By Robert Anders and Christopher Rourk (September 13, 2018, 2:30 PM EDT) -- Lawyers and designers use very different means of communicating their ideas. Lawyers use a verbal language. Designers use the "language of lines," a nonverbal language that combines the "alphabet of lines … to give universal meaning to the lines of a drawing" with the grammatical rules established in the standards for drawings issued by the U.S. Patent and Trademark Office. Interpreting and construing the lines in a design patent to determine whether they enable one of ordinary skill to make and use the claimed ornamental design must necessarily be performed by a designer, fluent with the language of lines, rather than...
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