Haley Chow

For most people, what comes to mind when they hear the word “patent” might be an invention like the lightbulb—Thomas Edison’s version rather than Sawyer and Man’s, probably—or the telephone—another hotly-contested invention between Alexander Graham Bell and the lesser-known Elisha Gray….What the average person might not be aware of is the type of patent intended to protect “any new, original, and ornamental design for an article of manufacture.” This is the domain of the design patent…. Traditionally, design patents covered physical designs that had some tangible effect on the shape, or texture of the “article of manufacture.” Over time, design patent protection extended to cover screen layouts and graphical user interfaces (“GUIs”)…. Two recent cases are some of the rare examples of a company arguing infringement solely based on GUI design patents.