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Am 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
by LukeShu 8y ago
Am 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 8y 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