Each year on March 5, the U.S. design community celebrates National Industrial Design Day, a moment to recognize the professionals behind the products we use every day. First entered into the U.S. Congressional Record in 2015, the day acknowledges that industrial designers improve our lives in countless ways by shaping products that are not only functional, but also visually distinctive and commercially valuable. For businesses, great design is more than aesthetics; it is a strategic asset. Thoughtfully-designed products drive consumer recognition, brand loyalty, and significant revenue across industries.

Continue Reading Happy National Industrial Design Day

The United States Patent and Trademark Office (“USPTO”) announced on February 10, 2026 that it has added a new category to its Trademark Design Search Code Manual for sound and motion marks. The Manual now includes new Category 30, which adds seven codes to enable trademark applicants and practitioners to more readily identify relevant sound and motion marks in clearance searches.

Continue Reading USPTO Adds New Design Search Codes for Sound and Motion Trademarks

The U.S. Court of Appeals for the Federal Circuit’s recent decision in Range of Motion Products v. Armaid is another reminder that, if care is not taken, design patent scope can be narrowed significantly in the U.S. through functionality analysis—often at the claim construction stage—and even result in summary judgment of non-infringement. 

Continue Reading When “Functionality” Swallows Design Rights: A Caution for Design Patent Applicants

For many product-focused companies, design often is the product.  Differentiation lives in surface ornamentation, overall look-and-feel, and visual details that drive purchasing decisions often long before utility is evaluated.  Against that backdrop, many brands are reexamining copyright law as a faster, more flexible tool for protecting product aesthetics.

Continue Reading The Growing Role of Copyright in Product Design Protection

As we wrote about recently here, Examiners continue to rely on the USPTO’s current guidance on the definiteness standard set forth by the Court of Appeals for the Federal Circuit (“Federal Circuit”) in In re Maatita, 900 F.3d 1369, 1377 (Fed. Cir. 2018), that ignores the Federal Circuit’s broader instruction—reasonable certainty is all that is required to satisfy the requirements of 35 U.S.C. § 112, not the specific type or quantities of views that the Applicant has chosen to use. 

Continue Reading Another Step Forward: Further Updates on In re Maatita and Design Definiteness

The U.S. Patent and Trademark Office (USPTO) has announced the rollout of DesignVision, an advanced AI‑powered image search tool now integrated into the examination system for U.S. design patent applications. According to the Official Gazette notice published July 16, 2025, DesignVision enables examiners to perform federated searches of U.S. and foreign industrial design and trademark databases—spanning over 80 registers—using only image inputs. Results are ranked by visual similarity, allowing faster and more precise prior art discovery. The notice clarifies that this tool is intended to augment existing textual search methods, not replace them.

Continue Reading AI Search Tool Coming to Design Patent Examination

Expedited Patent Issuance

Starting May 13, 2025, the USPTO has begun accelerating the issuance of patents after the issue fee has been paid. Specifically, the duration between the Issue Notification and the Issue Date will be reduced to approximately two weeks instead of the current three-week time period. The USPTO has noted that it has been able to implement this improvement in view of its technology modernization efforts. More information on this update can be found at the USPTO’s website here.

Continue Reading USPTO Expediting Design Patent Issuances and De-Expediting Design Examination

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court of Appeals for the Federal Circuit (CAFC)’s decision in LKQ Corporation v. GM Global Technology Operations LLC, which we discussed here. Looking back at last year’s design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers of U.S. design patents were impacted by these changes. 

Continue Reading Recap of 2024 U.S. Design Patent Drama: Here’s What We Know Now

“Aber ist es Kunst?”

That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. Birkenstock Group (“Birkenstock”) had sought relief against three rival sandal makers, asserting that the defendants’ products infringed Birkenstock’s copyright on its sandal design. Exemplary designs at issue are shown below.

Continue Reading German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs