Design patent law in the United States

Elizabeth Ferrill, Kelly Horn, William Neer and Troy Viger

Chapter 9 in Design Law, 2024, pp 293-336 from Edward Elgar Publishing

Abstract: In the United States, design patents protect the ornamental designs for articles of manufacture. They can cover the appearance of almost anything so long as the design is new, nonobvious, and sufficiently described. Because designs are have ornamental qualities, but also protect functional articles, other forms of intellectual property, e.g., utility patent, copyright or trade dress, may simultaneously protect the design. Design patents have become valuable assets. Over the past decade, the number of design applications filed each year in the United States has increased by over 10,000. Design patents are being asserted more frequently in litigation as well-leading to cases with the highest damage awards in design-patent law history. This chapter describes the current state of design-patent law in the US, exploring topics such as the patentability of designs, the process of obtaining design patents, and the most significant cases governing them. It further comments on practical aspects of design law and ways the law could improve.

Keywords: Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2024
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