Research2Practice: Design Patent Law’s Identity Crisis

October 15, 2020
Noon – 1:00 P.M. (PT)
Zoom (login info provided upon registration)

Since its emergence during the industrial revolution nearly two centuries ago, U.S. design patent law has suffered from a profound identity crisis. This sleepy area of intellectual property law sprung to life as part of the smartphone wars. Apple’s efforts to beat back Android included litigation against Samsung, which lasted nearly a decade. That litigation brought design patents to the centerstage.

In this presentation, BCLT co-founder Peter Menell explores the shaky legal foundation for Apple’s design patent claims. He shows how the Federal Circuit’s design patent eligibility (ornamentality/non-functionality doctrine) and infringement standards have drifted far from Congress’s text and intention. Peter offers an aerial view of the intellectual property system and proposes how design protection can be properly integrated into the IP firmament.

One hour of CLE credit will be offered.

The presentation is based on a paper Prof. Menell co-authored with Ella Corren. The paper can be accessed here.