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Company A files an application for a design patent in January 2013. This is an improvement to an existing, widely sold product and the same type of improvement was previously added by others to similar products in the same industry. Company B makes a virtually identical product to Company A's to which they made the same improvement then published it in a catalog and sold it to the public starting in January 2014. Company A's design patent is issued in July 2014. Can Company A enforce their patent against Company B?

  • There was recently a related question asked regarding a design patent issued on something similar to the Nalgene bottle cap. – vallismortis Aug 14 '15 at 0:55
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Opinon based answer.

Patent could be enforced if Pith and Marrow of the design is same, consider example of Apple vs Samsung. phone layout was same. if improvements doesnot contributes to new features on design primary features patented earlier than YES its high chance that company will enforce patent.

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