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Intellectual Property Law

Duke Law

Faculty Scholarship

Series

2019

Design protection

Articles 1 - 2 of 2

Full-Text Articles in Law

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis Jan 2019

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis

Faculty Scholarship

Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO 's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the …


Fixing The Design Patent Bar: New Opportunities For Federal Lawyers, Christopher Buccafusco, Jeanne C. Curtis Jan 2019

Fixing The Design Patent Bar: New Opportunities For Federal Lawyers, Christopher Buccafusco, Jeanne C. Curtis

Faculty Scholarship

No abstract provided.