Design patents are gathering more interest with Apple’s win over Samsung earlier this year. As a result, their collective value is increasing. Analysts with engagements to value design patents should make note of a new mini-treatise written by Matthew A. Smith of Foley & Lardner LLP.
Contents include a general background on the legal underpinnings of design patents, how design patents differ from other forms of intellectual property, drafting a design patent application and a review of how it will be examined, proving infringement, tests for validity, and damages and injunctive relief.
PatentlyO first alluded to the work, and you can download a copy from their website.