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Just to note: These are design patents, not utility patents. They protect look and feel. IE you'd only infringe by having a windshield that looks the same, not
by DannyBee 9y ago
Just to note:
These are design patents, not utility patents.
They protect look and feel.
IE you'd only infringe by having a windshield that looks the same, not a windshield that does the same thing or operates the same way, but looked different than the protectable parts.
- LukeShu 9y agoAm I correct in thinking that since a design patent protects ornamental design, then if a design is necessary for functional reasons, the design patent doesn't protect it? That you couldn't design patent a wheel looking like a circle, because that is a necessary part of its utility? Because the filed complaint itself seems to admit that the protected fuselage shape is necessary to achieve the ~0.37 drag coefficient that both vehicles have, which it also admits is necessary to attain appropriate range on EVs of this class.
- DannyBee 9y agoThat is correct, it does not protect functional portions, but it's fairly nuanced. https://www.wintechblog.com/2016/04/functional-features-in-design-patents/ https://www.wintechblog.com/2016/04/functional-features-in-d... is some recent caselaw on this
- notlob 9y agoI’d also like to add that the claimed elements appear in solid lines; broken lines are to show visible environmental structure and are not part of the claim.