Randolph J. Huis, shareholder with Volpe Koenig. Courtesy photo Protection, By Design: An Often Under-Utilized Tool
Design patent protection is an under-utilized tool that can provide 15 or more years of protection at a fairly reasonable cost for the new and nonobvious ornamental appearance of different articles, which can vary from consumer and industrial products to computer icons.
March 25, 2021 at 10:26 AM
8 minute read
Design patent protection is an under-utilized tool that can provide 15 or more years of protection at a fairly reasonable cost for the new and nonobvious ornamental appearance of different articles, which can vary from consumer and industrial products to computer icons. Once a design patent is issued, one study has shown that design patents provide a higher probability for obtaining an infringement verdict and a substantially lower chance of being found invalid than utility patents. Accordingly, where appearance distinguishes a product from others in the marketplace, design patents provide an excellent way to curtail the competition— by design.
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