Design Patents – One 2D drawing may support multiple 3D embodiments

The USPTO routinely rejected design applications having two-dimensional views that could be interpreted by examiners as covering different three-dimensional embodiments.  This likely changes with In re Maatita.  The Federal Circuit recently held “… the fact that shoe bottoms can have three-dimensional aspects does not change the fact that their ornamental design is capable of being disclosed and judged from a two-dimensional … perspective.”

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