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IP Hot Topic: Is This Clear Enough? A Caution Against Claiming Transparency but Excluding Translucency From a Design Patent’s Scope
A U.S. design patent protects how something looks, as opposed to how it works. An applicant conveys that look primarily using drawings. Typically they use line drawings, so that the scope of protection is focused on the shape and configuration of the design, rather than surface appearances or textures that might be evident in photographs or digital images….
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.