Developing trends in design patent enforcement

By Jennifer A Golinveaux and Diana L Hughes

Design patents can be a powerful tool for protecting a company’s intellectual property – as illustrated by recent trends in enforcement – but a cohesive strategy is essential for such protection to work effectively

While the recent Apple v Samsung litigation over design patents relating to Apple’s iPhone has garnered international attention, the past few years have also seen a quieter but steady rise in the number of US design patent applications filed and granted, as well as emerging trends in the particular sectors in which they are being asserted and types of company asserting them. These trends reflect a broader movement towards using design patents as a tool in the IP arsenal, often in conjunction with the different protections afforded by utility patents, trademarks, trade dress and copyrights. However, while protecting an important product with complementary intellectual property can be a wise business decision, it is vital to develop a cohesive strategy that takes advantage of important protections while minimising the risks of invalidation.

Want to read more?

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

World Trademark Review is one of my favourite conference organisers. The topics and themes are always relevant, on point and designed to give me practical information about real-time industry issues. I look forward to all of the World Trademark Review events and highly recommend them to my industry colleagues.

Jennifer Chung
Assistant general counsel
Time Inc


Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 72