US EditionThe Priority Paradox: In re Floyd Highlights the Dual Standards of Written Description and Anticipation
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The Priority Paradox: In re Floyd Highlights the Dual Standards of Written Description and Anticipation
by Dennis Crouch While a design patent can technically claim priority to a prior utility patent, that approach takes some planning and forethought to ensure that the utility patent's drawings and disclosure sufficiently show possession of the specific ornamental design features that will later be claimed in the design application. Ideally, the drawings in the utility filing would be identical to those later included in the design application. T…
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