Search the Lounge

« Welcome Sarah Burstein To The Lounge | Main | Research Agenda for Critical Trusts and Estates »

October 02, 2013

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Mark Nowotarski

Sarah,

Great post. For those interested in how to use broken lines to strengthen a design patent, they might want to see "The Power of the Broken Line" in IP Watchdog http://bit.ly/strongdesignpatent1

MacK

A few subjects which it would be interesting to address:

The "aesthetic/functionality" distinction and its general practicability.

Design patents and software user interfaces - and computer games.

Design patents and clothing.

The widely spread view that a European Registered Design is the same thing as a Design Patent.

Design patents are nearly impossible to enforce in the US?

The Federal Circuit is hostile to design patents while favouring utility patents.

Sarah Burstein

MacK - Thanks for the comments. A lot of these are in the queue already, so stay tuned.

As to your last point, though, I can't say I've perceived any hostility toward design patents from the Federal Circuit--at least since Judge Rich. But if you (or anyone else) has seen something different, I'd love to hear more.

MacK

I'd add another one - forum shopping in the EU and registered designs - it is generally perceived that some courts are more favourable to design cases than others. Italy gets recommended (so long as you stay in the north), France.

The comments to this entry are closed.

Bloggers Emereti

Blog powered by Typepad