Long before “user experience” was a buzzword, Polsinelli understood that user-facing features, particularly those that drive user appeal and promote user interaction and satisfaction, are critical in providing a competitive advantage. Whether part of a product, packaging, software, an app, a user interface, or other emerging technologies, these unique features drive value and as a result are the most likely aspects to be copied by others. Polsinelli understands the nuances of obtaining protection for these features across various industries. We partner with our clients to add value and expand the scope of coverage through complementary design patent, utility patent, trademark, trade dress and copyright filings. 

Many firms approach design patents with a one-size-fits-all approach or as an afterthought to other protection mechanisms. Polsinelli recognizes that design patents provide robust protection when pursued in a customized approach that fits into a larger, comprehensive, and business-oriented intellectual property strategy. We have used cutting-edge strategies to obtain thousands of design patents in the U.S. and internationally, including through direct filings and via the Hague Agreement. As part of one of the largest IP practices in the nation and backed by a full-service general practice firm, our design services go beyond preparation and prosecution to include advice regarding validity, infringement and freedom-to-operate, as well as agreement and due diligence services and other industry-specific services. We provide an end-to-end approach to obtaining the protection clients need to enforce rights through the courts, e-commerce marketplace, customs and other venues. Ultimately, we appreciate the business value of our clients’ designs and have the diversity of experience and accompanying insights to advise our clients in this evolving landscape.

Publications
Design Patent vs. Trade Dress: Strategic Considerations for Protecting Product Designs
Product designs often serve as the cornerstone of a brand’s identity, evoking instant recognition and loyalty among consumers. From the iconic silhouette of Coca-Cola’s glass bottle to the distinctive shape of Gibson guitars, the visual appeal of product designs can be a critical asset in the competitive marketplace. However, protecting a product design requires careful consideration and strategic planning. Two forms of IP protection are the most common – design patents and trade dress. 1. Design Patents Design patents offer a streamlined and cost-effective means of protecting the ornamental appearance of product designs. The allowance rate is extremely high – over 95% – and is usually complete within 18 months. The result is that a design patent is significantly easier and less expensive
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Design Patent Holders Rejoice, but Challengers Face an Uphill Battle
Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that governs design patents in LKQ Corp., Keystone Auto. Indus., Inc., v. GM Global Tech. Operations LLC.1 In the two opinions issued by the Court, the Federal Circuit held that LKQ failed to prove that GM’s patents are invalid as anticipated or obvious.2 LKQ hinged its argument on the Supreme Court’s 2007 decision in KSR v. Teleflex, where the high court overturned “rigid” tests for proving obviousness for utility patents.3 LKQ argued that the KSR standard implicitly applied to design patents, but the Federal Circuit rejected this argument,
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