KT Design Patent Primer: Patent Eligibility of Articles “Hidden in Use”

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Q: Is an article “hidden in its normal use”’ eligible for design patent protection?

A: Yes, an article “hidden in use” is protectable so long as the ornamental features are of consumer concern at some point in its commercial lifetime.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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