Design Patent Law and Prosecution
This course will include a detailed review of design patent law practice, including patent prosecution and litigation. Course work includes in-depth review of the patent prosecution topics of statutory subject matter, actual reduction to practice, novelty, non-obviousness, public use, examination issues specific to computer-generated icons, designs comprising multiple articles or multiple parts embodied in a single article, and the issues of lack of ornamentally, functionality rejections and hidden-in-use rejections. Also covered will be the topics of restriction practice; double patenting; domestic and foreign priority; expedited examination; reissue and reexamination; protests; and the discussion of the relationship between design patent, copyright and trademark law. Also reviewed during this course will be design patent litigation topics including claim interpretation, infringement, point of novelty and ordinary observer requirements as well as the issues of willful infringement, damages and invalidity.