Posts Tagged: ornamental design


District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …

A Brief History of Design Patents

Although the first Patent Act was enacted in 1790, it was not until some 52 years later that the US patent laws were modified to allow for the patenting …
By Gene Quinn
6 years ago 7

Strong Design Patents: The Power of The Broken Line

Design patents can cover one or more of the shape, color, ornamentation or texture of an object. Design patents claiming a shape typically have line drawings showing …
By Mark Nowotarski
6 years ago 2

Design Patents: The Under Utilized and Overlooked Patent

As the chart below demonstrates, design patent applications have been on the rise since 1975, but still in fiscal year 2011 there were just over 30,000 design patent applications filed. …
By Gene Quinn
8 years ago 36

After 11 Years Apple Gets Design Patent on Drop Down Menu

Have you ever heard of a design patent application that remained pending for nearly 11 years? The design patent application was originally filed on January 4, 2000, and the design …
By Gene Quinn
9 years ago 23

E.D. of TX Rejects Design Patent Point of Ornamentality Test

In a recent decision, the Eastern District of Texas has clarified the proper role of functionality in claim construction for design patents. By statute, design patents must …