Remarks on the Problem of Scope in IP

34 Pages Posted: 13 Mar 2019 Last revised: 14 Mar 2019

Date Written: February 26, 2019


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

Suggested Citation

McKenna, Mark P., Remarks on the Problem of Scope in IP (February 26, 2019). Washington Journal of Law, Technology & Arts, Vol. 14, 2018, Notre Dame Legal Studies Paper No. 1924, Available at SSRN:

Mark P. McKenna (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States
(574) 631-9258 (Phone)

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