In his most recent New York Law Journal article titled “The Elusive Primary Reference for Evaluating Non-Obviousness of Design Patents”, Scott. D Locke, Esq., writes: As with utility patents, the grounds for invalidating a patented design include both lack of novelty and obviousness.
The novelty analysis is often straightforward, but as a recent decision from the U.S. Court of Appeals for the Federal Circuit illustrates, determining whether a design is obvious over the prior art can be challenging.
To read the full article click here: https://www.law.com/newyorklawjournal/2019/10/29/the-elusive-primary-reference-for-evaluating-non-obviousness-of-design-patents/