Remarks on the Problem of Scope in IP

Abstract

In these remarks, given as the keynote talk at the University of Washington conference on The Art and Science of the IP Deal, I discuss the relationship between the scope of IP rights and potential IP transactions, with particular focus on the context of design. I emphasize the impact of disparate claiming methodologies used by different IP regimes and the ways our legal system struggles to determine and enforce the scope of a party’s rights.

Keywords: intellectual property, scope, claiming, design patent, trademark, copyright, infringement, validity