The Demise of the Functionality Doctrine in Design Patent Law

Saidman, Perry J.

Journal: Notre Dame Law Review

Volume: 92

First Page: 1471

Year: 2017

Bluebook Citation: 92 NOTRE DAME L. REV. 1471 (2017)

Author: Perry J. Saidman: all 7 publications


Abstract

The doctrine of functionality, in both the validity and infringement contexts, has outlived its usefulness, and analyzing it is a waste of litigants’ and judicial resources.

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