U.S. Design Patent Law: A Historical Look at the Design Patent/Copyright Interface

The Copyright/Design Interface: Past, Present & Future (Estelle Derclaye ed., 2018) (Cambridge University Press)

Indiana Legal Studies Research Paper No. 360

33 Pages Posted: 23 Oct 2016 Last revised: 22 Dec 2017

See all articles by Jason J. Du Mont

Jason J. Du Mont

Stanford Law School

Mark D. Janis

Indiana University Maurer School of Law

Date Written: October 10, 2016

Abstract

Under modern U.S. law, concurrent copyright and design patent protection for a given design is permissible; no election between regimes is required. The goal of this chapter is to explain how U.S. law arrived at this point, specifically by asking how design patent law has demarcated its protectable subject matter over the course of its lengthy history, and by looking outwards from the perspective of design patent law to observe how U.S. copyright law has evolved over that same time period.

Keywords: design patent, copyright, trademark, trade-mark, utility patent, intellectual property, subject matter, election, industrial design

JEL Classification: O34, O31, O38, D02, K00, K2, K3

Suggested Citation

Du Mont, Jason J. and Janis, Mark David, U.S. Design Patent Law: A Historical Look at the Design Patent/Copyright Interface (October 10, 2016). The Copyright/Design Interface: Past, Present & Future (Estelle Derclaye ed., 2018) (Cambridge University Press); Indiana Legal Studies Research Paper No. 360. Available at SSRN: https://ssrn.com/abstract=2852453

Jason J. Du Mont (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://jasondumont.com

Mark David Janis

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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