Andrea Merin

Andrea Merin assists clients with patent preparation and prosecution in the areas of mechanical technologies, with particular emphasis in injection molding equipment, automotive and medical device technologies, and consumer products. Her practice also focuses on patentability and clearance to market studies and on patent infringement opinions. She has represented clients ranging from startups to large corporations.

Recent Posts

In Design Patents, A Picture May be Worth a Thousand Words

Posted by Andrea Merin on Apr 28, 2016

Andrea Merin

The PTAB has been tough on design patent holders, invalidating all design patents to reach final written decision in an IPR. For patent owners looking to beat these odds, one way to overcome the prior art at issue would be to prove a valid priority claim to secure an earlier effective filing date. For a design patent, the priority claim could be to an earlier-filed, co-pending design application, or even a utility application. However, obtaining the benefit of an earlier-filed utility application poses a special challenge in showing that the utility application provides adequate support—that is, showing the disclosure of the earlier-filed utility application demonstrates that the inventor was in possession of the design claimed in the later-filed design application.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.