Summer Associate Michael Nathanson also contributed to this article. Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable ...

What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design ...

“Unfortunately, not nearly enough individuals and companies are seeking design patent protection. In 2019, for example, there were 46,847 design patent applications filed, which represents 7.01% of ...

“The notion of patent-eligible subject matter applies only to utility patents. As a result, the enforcement of design patents avoids this potential area of dispute and attendant risk of invalidation, ...

The legal system in the United States provides several venues for securing the protection of a design. The appearance of a product can potentially be protected by the following types of IP right: ...