Design Patents
Overview
Design patents protect the new, original and ornamental design of manufactured products. That is, design patents protect the appearance of an article of manufacture, rather than the functionality of the article, which is the province of utility patents. When the look of an invention is important, a design patent is a potent form of protection.
Design patents are often an under-utilized form of intellectual property protection. For the right type of invention, where appearance distinguishes a product from others in the marketplace, a design patent is an excellent way to curtail the competition. Design patents can also be used where trade dress product configuration is difficult to enforce, or as a strategy to supplement the protection of a utility patent.
There are virtually no limits on the types of articles of manufacture that could benefit from design patent protection and filings have increased over the years. Since a design patent can provide similar intellectual protection advantages as any other type of patent, it can be used as a strategy when products are niche or a quicker patent is desired.
Significantly, design patents have an additional remedy for infringement that is not available for utility patents. In addition to the usual patent damage remedies that may be available, such as a reasonable royalty or lost profits, the United States Patent Act specifically provides for potentially obtaining an infringer’s profits as damages for design patent infringement. This unique aspect of design patents adds to their strength in an infringement action.
Volpe Koenig has obtained design patents for clients in many diverse industries. Our attorneys also assist clients with screening for infringing design patents and damages that are recoverable for design patent infringement.
Our professionals have extensive experience with many technologies and industries including:
- cell phones
- clothing
- computer icons
- computers and printers
- consumer products
- containers
- electrical components
- footwear
- furniture
- home goods and housewares
- industrial equipment
- jewelry
- motor vehicle components
- pet products
- sporting goods
- surveillance cameras
- toys
- wheels
- writing implements
Attorneys
Key Contacts
Professionals
Robert J. Ballarini
Brandon J. Barr
John M. Bollinger
Douglas J. Bucklin, Ph.D.
Dennis F. DeFino, Jr.
Patrick S. Griffin
Gerald B. Halt Jr.
Randolph J. Huis
Dawn C. Kerner
Robert D. Leonard
Daniel R. Ling
Michael Maicher
Wesley T. McMichael
Todd A. Norton
Ryan W. O'Donnell
Alok Parikh
Daniel E. Rose
Bryan A. Santarelli
Marina Sigareva, Ph.D.
Robert S. Silver
Michael F. Snyder
Nicholas M. Tinari
Anthony S. Volpe
IP Insights
Blog Posts
Podcasts
- 12.08.2021
From the iconic Air Jordans to the Reebok Pumps to the undeniable influence of the Chuck Taylor All-Stars, sneakers have become pop-culture currency. As their status has shifted from a piece of sports equipment, meant to be scuffed up, into collectors’ items that are kept in pristine conditions, sneaker culture has become a multi-billion dollar market. So how do you, as a brand or consumer, guarantee your shoes are authentic and not just well-done knock-offs? What intellectual property (IP) protections are there for shoes and how do these protections help you in a global market?
This week on IP Goes Pop! co-hosts and Volpe Koenig Shareholders, Michael Snyder and Joseph Gushue, are joined by former New Balance Senior Counsel of Intellectual Property and Global Brand Protection, Dan McKinnon. Dan, who is currently CEO of Proof Authentication, Corp., shares his experience in dealing with the ever-shifting world of counterfeit products, and the IP challenges that arise in the face of, what Dan calls, “parasite brands.”
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- 07.22.2020
This week on IP Goes Pop! Volpe Koenig Shareholder, Randy Huis, joins Michael Snyder to talk about inventions and technology in the cartoon world of “The Simpsons” television show.
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