Photo: Courtesy of the U.S. Court of Appeals for the Federal Circuit
BOSTON (WBZ NewsRadio) — The U.S. Patent Office cited evidence from a seven-year-old YouTube video to reject a design patent for a new waffle shape.
In 2016 two friends from New Jersey submitted their idea for a waffle with one smooth side and one waffle-patterned side to the U.S. Patent Office.
Photo: Courtesy of the U.S. Court of Appeals for the Federal Circuit
The Patent Office ruled Dunkin' had already used a similar product in a breakfast sandwich that same year, citing a video by YouTube food critic "The Endorsement" to prove the Belgian waffle breakfast sandwich included a similarly-designed waffle.
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The video has garnered 4,400 views since "The Endorsement" published it in 2016.
A federal appeals court upheld the ruling on Wednesday.
WBZ NewsRadio's Chaiel Schaffel (@CSchaffelWBZ) reports.
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