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intellectual property

design patent

A design patent, unlike a utility patent, limits the investor’s patent protection to the ornamental design of the article. Per 35 U.S.C. § 171, “[w]hoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.” A design patent protects the non-functional aspects of an ornamental design displayed in a patent.

doctrine of equivalents

The doctrine of equivalents is a means by which a holder of a patent may raise a claim of infringement even though each and every element of the patented invention is not identically present in the allegedly infringing product.  The purpose of the doctrine is to prevent an infringer from stealing the benefit of a patented invention by changing only minor or insubstantial details of the claime

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