We advise clients on the difficult issues that arise in the area of design patents and industrial design protection – beginning with what should be protected – then develop clear and detailed illustrations of the claimed design, which enhances the value and enforceability of the issued patents.
From clearing, prosecuting, and protecting design patents (our firm does not handle utility patents) to instructing prior art searches and providing opinions on patentability, novelty, and infringement, we have deep experience in this area, including trade dress and three-dimensional marks. We also counsel clients on cutting-edge issues involving the intersection of patent and trademark law, including protection of product design appearance (“configuration”) under the trademark laws following the expiration of design or utility patents. Internationally, we instruct and coordinate industrial design filings, including Hague International Design Registration filings. Our Litigation experience extends to design patent matters that go to court.