Can I Copy My Competitor’s Product? (Design Patent)
Companies may base their existing and future product lines on new products produced by their competitors. However, businesses must be careful not to infringe upon rights of others when doing so. For example, your competitor may have rights in the utilitarian features (e.g., runs faster, stays cooler, etc.) through a utility patent or the ornamental [...]
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Design Patent Infringement Test
Three types of inventions are eligible for patent protection under the patent laws, specifically utility inventions directed to useful processes, machines, etc. , design inventions relating to ornamental features and plant inventions of asexually reproducible plant varieties. A design invention was at issue in Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 666 (Fed. Cir. [...]
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