Pendulum Legal PC advises clients of the scope of liability, defenses, and remedies of Design Patent Infringement.
The firm analyzes Design Patent Infringement Claims and Defenses in assessing whether an ordinary observer, familiar with the prior art, would be deceived into thinking that an accused design is the same as a patented design; and whether an accused design embodies the patented design or any colorable imitation thereof.
Where the claimed and accused designs are not plainly dissimilar, Pendulum Legal PC assesses any benefits of a comparison of the patented design and the accused designs with the prior art, in resolving the question of whether the ordinary observer would consider the two designs to be substantially the same.
Conversations and human intuition reveal that the mind of innovators of a product has a natural instinct that the ornamental appearance of the product itself needs to be protected and that this protection is separate from its functional components; and it is separate from the protection of the source of any brand. In the legal world, we call this a Patent Design. One of the most famous Patent Designs that existed in the world is the Statue of Liberty. In the specification forming part of Design No 11,023, dated February 18, 1879; application filed January 2, 1879: “The herein-described design of a statue representing Liberty enlightening the world, the same consisting, essentially, of the draped female figure, with one arm upraised, bearing a torch, while the other holds an inscribed tablet, and having upon the head as a diadem, substantially as set forth”.
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