The legal literature is full of dire empirical assertions about design patents. Commentators
say that the US Patent and Trademark Office (USPTO) rejects around half of all design …

There's a new front in the intellectual property (IP) rhetoric wars. In the past, we've seen
inflammatory words like" theft" and" piracy" applied to various acts of infringement. 1 The …

Conventional wisdom tells us that the standards for patent protection are higher than the
standards for copyright protection. Specifically, commentators assert that the copyright …

Originalism's critics have failed to block its rise. For many jurists and legal scholars, the
question is no longer whether to espouse originalism but how to espouse it. This Article …

Design is ascendant. Steve Jobs' legendary obsession with design was widely regarded as
Apple's comparative advantage, and that lesson has not been lost on Apple's competitors. 1 …

ABSTRACT In Design Patent Law's Identio Crisis, we traced the origins of design patent
law's ornamentality/non-functionality doctrine and showed how the Federal Circuit, the …

In design patent law we have created a monster—a chimera, a hybrid that sometimes looks
and acts like a patent regime and then, unexpectedly, doesn't. Courts in design patent cases …

Our academic colleagues describe the current design patent protections system as a
muddle, which the Oxford English Dictionary defines as" a state of disorder or... confusion." i …

Abstract Design is ascendant. Steve Jobs's legendary obsession with design was widely
regarded as Apple's comparative advantage, and that lesson has not been lost on its …

In recent years, those who seek more benefits for design patent owners have increasingly
invoked the rhetoric of “counterfeiting.” Proponents of bills that would allow Customs & …