Design Patent Protection | BakerHostetler

For shrewd innovators, it’s simple: Invention and design protection go hand in hand. The U.S. Patent and Trademark Office notes that patent law provides for the granting of design patents to any person with a new, original and ornamental design for an article of manufacture – and for good reason. Securing the unique visual qualities of an invention limits others from potentially copying the design, creates market barriers and preserves an individual’s or company’s competitive advantage.

The following examples illustrate our experience in developing and executing design patent strategies across a range of industries and technologies:

Worked with a large industrial equipment manufacturer to determine key features of a line of manufacturing devices. Prepared, filed and prosecuted portfolios of U.S. and international design patents, including filing continuations and divisionals, to expand claim coverage over time.
Represented a large consumer electronic devices manufacturer to mine utility patents in order to obtain earlier filing dates. Prepared, filed and prosecuted coordinated global design patent portfolios, including utilizing U.S. continuation practice to broaden and adapt protection over time.
Worked with a large industrial vehicle manufacturer to determine key features of a Graphical User Interfaces (GUI). Prepared, filed and prosecuted worldwide design patent portfolios directed to GUI-based designs.
Represented a large household article manufacturer to refine a design to ensure freedom to operate. Prepared, filed and prosecuted design patent portfolios, including continuation filings, to expand and maintain protection as products evolved.
Filed an amicus curiae brief in the U.S. Supreme Court on behalf of a client in the Samsung Electronics Co., Ltd. v. Apple, Inc. design patent case.
Drafted opinions of non-infringement and invalidity for design patents relating to sports apparatus.
Prepared and prosecuted design patents in multiple industries, including sports, medical products and consumer electronics.
Prepared and prosecuted numerous design patents related to computer-generated icons and interfaces.