Patently-O Bits and Bytes by Juvan Bonni

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    As to the Landers Paper on “the problem” with design patents, what this observer from outside the USA thinks is that only the USA gives itself the “problem” of granting statutory design rights under its patent statute.

    Take for example Europe. It, like every major jurisdiction except the USA, has a regime of utility patents and then a 100% different registration regime for trademarks and designs. Utility patents have a 20 year term but registrations of designs having novelty and individual character enjoy a 25 year term.

    One might then have expected Landers, in writing the Paper, to have considered the possibility of solving her “problem” in the way everybody else does, by releasing the tether that binds US designs law to its utility patent regime. What do you say to that, Amy?

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