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Expert Analysis

Fed. Circ. Design Patent Case Can Guide Medical Device Cos.

By Nicholas Anderson and Victor Jonas ( August 2, 2019, 12:09 PM EDT) -- Design patents can help diversify patent protection in a number of ways. The protection of an article may be extended through continuation strategies, as design patent terms are calculated based on issuance, rather than earliest effective filing date. Design patents are not published until issuance and therefore can delay disclosure of an article's design until protection is achieved and can also delay disclosure of the existence of patent protection of the article....

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