As distinct from a utility patent. A design patent protects only the ornamental design or appearance of an article of manufacture, but not its structural or functional features. An ‘article of manufacture’ is a broad term which may extend even to computer icons. Like utility patents, design patents must be nonobvious but this standard is harder to apply to designs.
More Posts
How Litigation Finance Busts the Bank of Legal Trust
The American legal system gives lawyers vast powers over private citizens. In the United States, there are no “loser pays” rules, no limits on lawyers’ ability to file complaints, and a summons ...
The Fintiv Rule Heads Back to District Court
A ruling last week by the U.S. Court of Appeals for the Federal Circuit in Apple v. Vidal throws the future of the Patent and Trademark Office’s (PTO) controversial NHK-Fintiv rule into even greater...
As China Prioritizes Its Patent System, America Must Do the Same and More
During the 14th National People’s Congress (NPC) earlier this month in Beijing, China began outlining a series of proposals to give itself an edge over its competitors in critical technological sect...