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October 02, 2013


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Mark Nowotarski


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


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.


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.

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