Design Patents -- Trap for the Unaware Recently, the Federal - TopicsExpress

Design Patents -- Trap for the Unaware Recently, the Federal Circuit Court of Appeals, in In re Owens, 106 U.S.P.Q. 2d 1248 (Fed. Cir. 2013),shows how careful the patent attorney must be when obtaining this degree of protection for their clients. The Federal Circuit in Owens invalidated a design patent because its priority claim to a parent design patent application was improper. The parent patent claimed the design of a squeeze bottle, disclosing among other features, a flattened surface on two sides in the shape of an oblong pentagon. The continuation design patent sought broader scope of protection, just the flat surface of the upper portion of the pentagon, but the Federal Circuit held that the parent patent had not distinguished this upper portion from the pentagon as a whole. The moral of the story is that you will want to consult knowledgeable patent attorneys for your design patent needs.