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Intellectual Property Law

University of Oklahoma College of Law

2013

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Moving Beyond The Standard Criticisms Of Design Patents, Sarah Burstein Jan 2013

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 Jan 2013

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

Sarah Burstein

No abstract provided.