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.


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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!