Suppose that you want to file a design patent application for an article that is three-dimensional. What views of the article will you need for the design patent application that will be sufficient to support your claim? The answer is a sufficient number of views to constitute a complete disclosure of the appearance of the … Continue Reading
Bottom Line: The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design … Continue Reading
Industrial design registrations under the Industrial Design Act (the “Act”) are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, … Continue Reading
