Summer Associate Michael Nathanson also contributed to this article. Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable ...

You made a discovery and now you’d like to protect it. The U.S. Constitution, Article 1, Section 1, Clause 8 empowered Congress to pass laws “to promote the progress of science and useful arts, by ...

“Unfortunately, not nearly enough individuals and companies are seeking design patent protection. In 2019, for example, there were 46,847 design patent applications filed, which represents 7.01% of ...

“The notion of patent-eligible subject matter applies only to utility patents. As a result, the enforcement of design patents avoids this potential area of dispute and attendant risk of invalidation, ...