Sarah Burstein on Design Patent Law, Doctrine & Policy

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her influential article "The Article of Manufacture in 1887" and her draft paper "Whole Designs." Among other things, Burstein describes the history of design patent protection and the subject matter of design patents, in theory and in practice. She then outlines the various arguments and judicial opinions in Apple v. Samsung, and explains why the central problem was a mistaken understanding of the term "article of manufacture" as used by Congress in 1887. Burstein tweets at @design_law, and her Design Law tumblr is an invaluable resource.

Keywords: intellectual property, design patents, design law, Apple v. Samsung, Supreme Court, article of manufacture, disgorgement

Hosted on Acast. See acast.com/privacy for more information.