Partner John Hemmer authored a Law360 Expert Analysis discussing a recent decision by the U.S. Court of Appeals for the Federal Circuit that highlights the risk of using a utility patent to claim priority for a design patent, which can backfire and lead to the design patent being rejected for lack of novelty.
In the article, John said that the In re Floyd decision, which affirmed a Patent Trial and Appeal Board denial of a design patent application, is a warning for patent professionals, showing the relationship between design and utility patents is more than procedural and can affect whether the patent is granted.