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Moving Beyond The Standard Criticisms Of Design Patents, Sarah Burstein
Moving Beyond The Standard Criticisms Of Design Patents, Sarah Burstein
Sarah Burstein
The U.S. design patent system has been widely criticized. Certain arguments against design patents have been made so often--and accepted so uncritically--that one might believe that the case against design patents was overwhelming and that the failure of the system was beyond dispute. These standard criticisms can be grouped into three main categories: (1) designs aren't patent subject matter; (2) patent requirements are not "appropriate" for designs; and (3) patent protection is overbroad. This article examines each of these standard criticisms and concludes that they are not persuasive. Therefore, the case that is commonly made against design patents is not …
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Sarah Burstein
No abstract provided.