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marknowotarski
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Market for Design Patents?
marknowotarski   9/5/2013 9:43:09 AM
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Anne,

Great article.  Any indication of a growing market for design patents?  With Apple's $725 million jury verdict against Samsung for infringing their GUI design patent, it looks like they are growing in importance.

GUI design patent infringement

Source: Nowotarski, "Strong Design Patents II: The Power of Color", IPWatchdog.com, August 6, 2013

Sheetal.Pandey
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Re: Market for Design Patents?
Sheetal.Pandey   9/5/2013 2:24:36 PM
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Quite agree.patents are now a commodity. Many acquisitions these days focus on what patent benefits they get.

ACappella
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Re: Market for Design Patents?
ACappella   9/5/2013 3:21:31 PM
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You are quite right that the interest level has risen for design patents lately.  Design patents are appealing because they don't require sophisticated reverse engineering as they are visual, but have a shorter life span than utility patents and are limited to the non-functional aspects of products (i.e. the design itself)--making design-arounds easier.   

marknowotarski
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Strong design patents vs weak design patents
marknowotarski   9/5/2013 4:48:15 PM
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Anne,

I agree with everything you say up to the part "...making design arounds easier".  One of the amazing things I learned from studying Apple's design patent strategy is that design patents can be quite hard to design around if you focus on the essential aesthetic elements.  Those become solid lines in the design patent.  Everything else is shown as a broken line.  You only need to match the solid lines to have infringement.

Many people were very upset when it appeared that Apple patented the "rounded edge rectangle", but that turned out to be the essential design element that said "this phone is an iPhone".  When Samsung mimicked that design element too closely to say "yeah, we are just like an iPhone too", they got burned even though parts of their phone design (the back) were different.

Using broken lines to focus on essential design elements

 

Source: Nowotarski, "Strong Design Patents: The Power of the Broken Line" IPwatchdog.com July 30, 2013

 

Frank Eory
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Re: Strong design patents vs weak design patents
Frank Eory   9/6/2013 2:00:28 PM
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Thanks for posting this. The people who were up in arms about Apple patenting rounded rectangles didn't seem to understand what a design patent is. I like the way you put it -- the rounded rectangles were indeed a significant aesthetic element that said "this phone is an iPhone."

rick merritt
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More takes on patents as products
rick merritt   9/5/2013 1:29:08 PM
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A recent panel hosted by LES provided some good insights on this:
2013-08-01Lawsuits Drive Patent Market


marknowotarski
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Re: More takes on patents as products
marknowotarski   9/5/2013 5:16:57 PM
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@Rick,


Great link to the LES article.  Thanks.

Charles.Desassure
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Very, very true...
Charles.Desassure   9/7/2013 12:25:44 AM
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The content of this article is very, very, very true.

   

 

 


mrisch
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You might be interested in my article....
mrisch   9/13/2013 5:25:46 PM
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I am publishing a long article about this in the Duke Law Journal. It's called Patent Portfolios as Securities

http://papers.ssrn.com/abstract=2227103



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