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.
Recommended Citation
Perry J. Saidman,
The Demise of the Functionality Doctrine in Design Patent Law,
92
Notre Dame L. Rev.
1471
(2017).
Available at:
https://scholarship.law.nd.edu/ndlr/vol92/iss4/3