When designers obtain exclusive intellectual property (IP) rights in the. functional aspects of
their creations, they can wield these rights to increase both the costs to their competitors and …

Design stands out among intellectual property subject matter in terms of the extent of
overlapping protection available. Different forms of intellectual property usually protect …

Among intellectual property (" IP") doctrines, only utility patents should protect function. Utility
patents offer strong rights that place constraints on competition, but they only arise when …

One of the most important questions in contemporary design patent law is how to interpret
the phrase “article of manufacture” in 35 USC § 289. While there has been much discussion …

To be patentable, a design is supposed to be novel, nonobvious, and ornamental.! But every
week, the US Patent and Trademark Office (USPTO) issues patent for designs that seem to …

Until recently, the disgorgement of profits remedy in US design patent law garnered little
attention from scholars or practitioners. 1 Congress created this remedy in the late …