Developing Trends in Design Patent Enforcement

Winston & Strawn attorneys Jennifer Golinveaux and Diana Hughes co-authored “Developing Trends in Design Patent Enforcement,” published in the April/May issue of World Trademark Review.

According to the article, the past few years have seen a steady rise in the number of U.S. design patent applications filed and granted. The trend reflects a broader movement toward using design patents as a tool in the IP arsenal alongside utility patents, trademarks, trade dress, and copyrights. However, a cohesive strategy is essential for such protection to work effectively.

The article examines how companies can develop such a strategy by analyzing the scope of protection offered by design patents, the infringement standard, available remedies, and recent trends and court decisions.