The USPTO has announced a separate design patent bar. Existing practitioners can continue practice in all areas but the new bar would allow applicants with degrees in “industrial design,
product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education” or equivalents.
Tag Archives: design patents
Design Damages
The United States Supreme Court has released its decision in Samsung v. Apple regarding the damages for design infringement. Finding in favour of Samsung, the court held that in the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product. The $399 million damages award was reversed and the proceeding remanded back to the Federal Circuit.