INTRODUCTION: I recently discussed the usefulness of pursuing design patents. The Federal Circuit just ruled on a case of design patent infringement. Lanard Toys Ltd., v. Dolgen Corp LLC, 19-1781 (Fed. Cir. 2020). An image copy of the object subject of the design patent is compared below to the claimed infringing product. Note that the Federal Circuit decision makes…
Design Patent
Design Patents: $1 Billion Stepchild
INTRODUCTION: Everyone remembers Apple being awarded $1 billion in damages against Samsung for copying the design of Apple’s iPhone. The award was the product of Apple obtaining a patent on a smart phone design, particularly the curved corners of the smart phone frame. Samsung’s copying of a curved frame probably seemed a trivial detail to some. However Apple…
DESIGN PATENTS (Update)
In addition to utility applications and provisional applications, the USPTO also grants patents for ornamental (non-functional) designs. The term of the design patent is 15 years from the date of issuance. Contrast this to the utility patent term of 20 years from the application filing date. Also unlike utility patent, the owner of the design…