When most people think or speak generally about patents, they’re really talking about utility patents – or patents that are primarily concerned with how an invention is used and how it works. But as it turns out, this is just one specific type of patent on the complete menu of options available for protecting your innovations. Another option, called a design patent, exists to – additionally or alternatively – protect the appearance of your invention. 

And whether you find yourself in an either/or or a both situation, it’s important to consider all tools at your disposal in covering every uniquely protectable functional and visual aspect of your inventions. This is often referred to as building a moat around your business. In this month’s IP Market Insights Newsletter, former guest of the podcast, Louis Carbonneau, wrote that:

"Morningstar’s research has consistently shown that companies with wide economic moats — those with defensible advantages expected to last 20 years or more — dramatically outperform those without. When Buffett said he looks for 'economic castles protected by unbreachable moats,' he wasn’t being quaint".

** Episode Overview **

Design patents play a critical role in your broader portfolio and in making your moat as wide and unbreachable as possible. This is why we’ve enlisted the help of our very own Dr. Tiffany Miller to guide us through all of the do’s and don’ts. As you’ll hear today, Tiffany has some very unique and practical insights into how even the most nuanced aspects of design patents can significantly impact infringement cases.

⦿ The definition, term, and features of design patents.
⦿ How design patents compare with utility patents.
⦿ Obviousness implications for the patent office and the courts – including what to possibly make of the courts wiping the case law slate clean on design patent obviousness back in 2025.
⦿ And some really great interactive panel discussions around real-world design patent examples and how courts have weighed in on patentability.

** Mossoff Minute: Loss of American Leadership  **

In this month's Mossoff Minute, Professor Adam Mossoff discusses the unfortunate loss of American leadership on the international stage in terms of defending the fundamental rights and rules for how we protect patents. 

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Let us know what you think about this episode!