Chris Rourk Writes for ‘Law360’ on Design Patent Confusion in Federal Circuit’s Maatita Ruling

September 13, 2018 | Insights

Design patents use both the language of designers and the language of lawyers. On Law360, Jackson Walker partner Christopher J. Rourk teamed up with design expert Robert John Anders, formerly Acting Associate Dean of the prestigious Pratt Institute School of Art and Design, to explain how the Federal Circuit’s ruling In re Maatita improperly applies U.S. Patent and Trademark Office rules and effectively eliminates the requirement that patent drawings must enable a person of skill in the art to make and use the invention.

“Because an ordinary observer is not a person of ordinary skill in the art, and would not know how to make and use a claimed ornamental design, Maatita fails to properly apply these statutory standards, leading to an improper result,” Rourk and Anders write.

In their analysis, Rourk and Anders explain why they believe the USPTO should seek en banc review by the Federal Circuit, or ask the U.S. Supreme Court to reverse the decision.

To read the full article, visit Law360 or view the PDF.

Meet Chris

Christopher J. Rourk is a Dallas intellectual property attorney with extensive experience handling high-profile matters for clients, both those dealing with all aspects of intellectual property as well as corporate transactions, commercial litigation and other complex interdisciplinary matters. He has prosecuted over 400 patents to issuance in diverse technological fields such as nanotechnology devices, semiconductor systems and devices, radio frequency systems and devices, analog systems and devices, telecommunications systems and devices, medical devices, image data processing systems and devices, and consumer electronics. His unique combination of ten years of work experience as an engineer and diverse legal experience has given him insight into solutions for many business problems encountered by clients, as well as preventative measures and strategies for avoiding those problems.