Track F

F7 Mining Value in Design Patents: A Review of Patentability and Implications for an Alternative Patent Market

Track: IP Trends and Successful Practices

Target Audience: All Audiences

John A. Zurawski, Esq., Pepper Hamilton LLP

Patrick M. Sheldrake, Esq., CNH Industrial America, LLC
Daniel Gajewski, Esq., Sterne, Kessler, Goldstein & Fox PLLC

Design patents have become a more salient component of intellectual property portfolios as the patentability of utility patent applications has been challenged at a US federal court level.  At the same time, the U.S. federal courts have validated the commercial value of design patents as companies such as Apple have succeeded in enforcing their design patents on a relatively broad scale (Apple Inc. v. Samsung Electronics Co., Ltd. (Fed. Cir. 2015)).  Given the lower cost to prepare and file design patent applications, knowing more about the work and strategy going into robust design protection may be a benefit to intellectual property managers.  This session will focus on design patent basics, understanding the upsurge of design patent relevance in the patent system, uncovering what international rules may influence ex-US patent protection, and prosecution strategies. 

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