Sarah Burstein on the Ontology of the Patented Design

In this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, discusses her article, "The Patented Design," which was published in the Tennessee Law Review. Burstein begins by explaining what "design" is and how it relates to design patents. She describes the elements of a design patent, how they work, and the competing arguments about what they should cover. She surveys the history of design patent doctrine, looking for clues about how courts and the patent office have construed the subject matter and scope of design patents. And she argues that the patented design should be understood as a design as applied to a particular product category. She closes by explaining why this matters to the Curver Luxembourg v. Home Expressions case, in which the Federal Circuit will soon hear oral argument. Burstein is on Twitter at @design_law and blogs about design law on Tumblr at Design Law.

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