Designs

KPPB is leading the revolution that has repositioned design patents from a sleepy backwater of the intellectual property system to the forefront of progressive IP strategies.  KPPB's attorneys have pioneered the use of design patents in the protection of the appearance, user interfaces (UIs), and visual merchandising of some of the world's most recognizable consumer electronics brands.  Whether an App UI or a retail experience in SoHo, KPPB's attorneys have the expertise to protect your innovative designs.     

Effective prosecution of litigation-ready design patents requires a specialized skill set.  Claim amendments and international priority claims require that a design patent be carefully drafted with the foresight to include written description support for all claims that a designer may wish to make in the future. Therefore, KPPB focuses on working with designers to explore all elements that may require future protection to avoid resistance from the USPTO to amendments directed to variations of the originally disclosed design.  KPPB also seeks to add value by working with clients to navigate the difficult task of identifying relevant prior art to enhance the presumption of validity of the design patents that we file. 

The increased importance of design patents is prompting many to challenge the validity of design patents as part of an overall defensive strategy. KPPB is recognized as having unique capabilities in defending the validity of design patents subject to validity challenges in post grant review proceedings and is one of a very small number of firms with experience in this niche area of practice.