J&J to acquire maker of 3D-printed spinal implants
14-09-2018
Non-profit celebrates ear implant win
29-01-2014
03-03-2022
GaroManjikian / Shutterstock.com
A seemingly small decision by the US Court of Appeals for the Federal Circuit could have a big impact on owners of design patents, explains Elizabeth Ferrill of Finnegan.
In October 2021, the Federal Circuit issued a two-and-half page decision in In re: SurgiSil, 14 F.4th 1380 (2021). Despite clocking in at just over 600 words, this small decision could have wide-ranging repercussions in the design patent jurisprudence, in three potential ways.
By way of background, Surgisil’s design application claimed a design for a lip implant. The examiner rejected the sole claim as anticipated by a catalogue disclosing a similar design, but the prior art design was for a completely different underlying article of manufacture, an art tool.
The Patent and Trial Appeal Board (PTAB) affirmed the rejection, finding the differences in shape between the claimed design and the stump to be minor. It rejected Surgisil’s argument that the catalogue could not anticipate the claim because it disclosed a “very different” article of manufacture than a lip implant and, in the PTAB’s view, “it is appropriate to ignore the identification of the article of manufacture in the claim language”.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
Design patents, US Court of Appeals for the Federal Circuit, Patent trial and appeal board