2023 Design Patents Year in Review: Analysis & Trends

Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. In particular, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided two cases of note. In one, the court addressed an issue of first impression – whether comparison prior art in an infringement analyses must involve the same article of manufacture as that recited in the design patent claim. In the other, the court agreed to hear a case en banc and consider whether the long-standing design patent obviousness analysis requires modification.

In this report, we will again highlight some of the important legal decisions in the past year involving design patents at the CAFC, the ITC, U.S. District Courts, and the PTAB. We also provide an update on some of the recent legislative changes that are taking place globally concerning design protection and enforcement, as well as practice changes.

Download the full report by clicking the Download PDF button or view the individual articles via the Table of Contents below.

View Sterne Kessler’s 2023 Design Patents Year in Review: Analysis and Trends webinar on demand here.

Table of Contents

• An Introduction from the Editor
• PTAB: Design Patents for GUI Interface Cancelled in AIA Proceedings
• U.S. District Courts: Significant Design Patent Cases on District Court Docket in 2023
• U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing Sagas
• ITC: A Pair of Section 337 Investigations Involving Automotive Lamps Illuminated the Potential of Design Patents
• Global Design Law and Policy: Gains and Setbacks in Protecting Digital and Virtual Designs