Decision In re SurgiSil Limits Available Prior Art for Design Patents

On October 4, 2021, the Federal Circuit found that a design patent application directed to a "lip implant" was not anticipated by an art tool called a "stump" having a similar shape because it was not the same article of manufacture recited in the claim of the design patent application. The decision In re SurgiSil makes it easier to obtain design patent protection and to defend against challenges to a design patent's validity. To read more about this decision and how it may affect design patent strategy moving forward, please read our memorandum.

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