LEGAL/POLICY

USPTO Seeks Public Input On Interpretation Of The Article Of Manufacture Requirement

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The United States Patent and Trademark Office (USPTO) seeks public input on whether its interpretation of the article of manufacture requirement in section 171 of Title 35 of the United States Code should be revised to protect digital designs that encompass new and emerging technologies.

Because certain new and emerging technologies, such as projections, holographic imagery, or virtual/augmented reality do not require a physical display screen or other tangible article to be viewable, the USPTO is exploring whether its practice should be revised to make design patent protection available for these digital designs in new technologies.

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