Design Patents, Copyrights, and User Interfaces

With billion dollar judgements making the news, there is an increased interest in understanding the protections provided by design patents and how those protections may be different from those found in copyright. Join attorney Steven Rubin as he analyzes the scope of design patents.  Here, he includes a review of the tests for novelty and infringement and a discussion of how the functionality prohibition is handled. To identify the distinction of the protections found in copyrights, he will focus on protection of software, including an examination of the idea versus expression dichotomy, and the tests used for infringement of software copyright. Finally, he will examine how user interfaces may be protected through design patents and copyrights.

Learning Objectives:

1. Understand the scope of design patents 
2. Identify the distinction of the protections found in design patents and copyrights
3. Recognize how to protect user interfaces through both avenues 

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