USPTO Should Restore Some Sanity To Design Patents

Law360, New York (November 19, 2015, 10:13 AM EST) -- "Door's open, boys!" That quote comes from one of my favorite scenes in the long and glorious history of "The Simpsons," but it also describes the current state of affairs with respect to design patents, both with respect to issuance and enforcement of such patents.

Design patents are relatively easy to obtain. Design patent applications cost less than utility patent applications, the application doesn't require technical information and isn't subject to pre-grant publication or scrutiny from the public and applications are typically granted in half the time it takes for utility patents. Statistics suggest that the U.S. Patent and Trademark Office...

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