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Why get a design patent on this …?

Yet another interesting design patent that published earlier this week. Seems like a cool idea. But I wondered: Why would anyone try to obtain a design patent on an assembly, if all the ingredients are well known (cloth pin, tee and golf ball) and the “assembly” would always be completed by the end user? Seems the idea here is that the inventor operates a website “Sonicdad.com”, which charges users to download plans. So the underlying idea might be to prevent others from providing similar plans?  See the design in action here: http://youtu.be/HkNFhyNL_ss

This case is interesting also for the hard fought battle to get the design patent to issue: If anyone is interested in a complex prosecution history of a design patent, including rule 132 affidavits and multiple rounds of rejections application 29/443,221 for this Spinning Golf Ball Toy Assembly is worth reading. And to add more complexity: The design application claims priority back to provisional application 61/534,649 which was filed in September 2011.

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