Home  /  IP Practice Areas  /  Design Rights

Design Rights 

Design Rights

With McAndrews’ expertise in U.S. and international design law, few if any other law firms can deliver the results that we deliver for our clients in the USPTO, foreign patent offices, U.S. district courts, the Federal Circuit, and the ITC.  That’s why we have been asked to protect some of the most iconic designs in the world.

In today’s ever-changing, globalized consumer marketplace, product designs have taken on a new level of importance.  Companies in all industries have been sharply reminded, through at least the Apple v. Samsung case, that proper protection of product designs is a vital part of a fully integrated IP protection strategy.

At McAndrews, our design patent lawyers are focused on securing enforceable and sustainable design rights that further our clients’ business goals within the United States and abroad.  First and foremost, these programs help companies protect their unique product designs.  Having our design protection programs properly implemented also protects brand strength and provides a strong tool against knock-offs.

Our attorneys are often called upon to deliver:

  • Creative design patent prosecution strategies for market preservation
  • Decisive strategies for avoiding design patent infringement and validity assessments
  • Design-around recommendations for entire product lines
  • Innovative integration of design rights with trade dress and other IP protection

We develop comprehensive design protection, enforcement, licensing, and acquisition programs.  We create programs especially suited for ornamental product design, UX/UI design, graphical user interfaces, icons, and apps.

Our firm has devised and implemented worldwide design right prosecution and enforcement strategies for some of the world’s largest companies in industries that include nutritional products, beverages and beverage dispensing, furniture, medical devices, housewares, fashion and apparel, packaging, life sciences, toys, sporting goods, and consumer electronics.  Our firm has led in the development of IP legal standards in design rights.  For example, we represented the Industrial Designers Society of America (IDSA) before the U.S. Supreme Court in a matter regarding the test for design patent infringement and the American Intellectual Property Law Association (AIPLA) in the landmark case Egyptian Goddess v. Swisa, whose positions were largely adopted by the Federal Circuit.

Our firm has implemented similar approaches on a worldwide basis, having orchestrated design filings in more than 60 countries.  When executing these design right strategies, we are so closely familiar with the intricacies of international design law that we can take full advantage of the cost savings offered by international filing systems (e.g., RCD, Hague, OAPI) for our clients.  Our firm has created programs integrating design patents and trade dress that minimize the chances of a client’s product falling prey to knockoffs.

Our firm is widely recognized as a thought leader in design rights.  McAndrews attorneys include the past chair of the AIPLA’s Design Rights Committee and the current Chair of the American Bar Association’s Design Rights Committee.  We also serve in key leadership roles on design committees at the International Trademark Association, Intellectual Property Owners Association, International Association for the Protection of Intellectual Property, and the IDSA, and we often contribute to the U.S. Patent Office’s annual Design Day.