Industrial Design in Canada & US

stanleytool.pngIndustrial design is often overlooked while its flashier cousins - patents, copyright and trade-marks - hog the spotlight.  In both Canada (which uses the term industrial design) and the US (which refers to a design patent), this category of intellectual property only provides protection for ornamental and not functional aspects of the design of the article.  In the recent US Federal Circuit Court of Appeals decision in Richardson v. Stanley Works, Inc., No. 09-1354 (Fed. Cir. Mar. 9, 2010), the court reviewed richardsontool.pngtwo design patents claiming an ornamental design for multifunction carpentry tools. Stanley, the owner of the “Fubar” tool (shown left)was sued by Richardson, the owner of the ”Stepclaw” tool (shown right) . The Court was clear that the patented design is for a multi-function tool that has several functional components, and that “a design patent, unlike a utility patent, limits protection to the ornamental design of the article.”  The Court found that the only similarities between the two tools were those of unprotectable functional elements, and thus no infringement occurred.

Calgary - 07:00 MST

No comments yet. Be the first.

Leave a reply

You must be logged in to post a comment.

i want to buy prednisone without a perscription order prednisone free next day airprednisone on line Buy accutane with visa where can i purchase synthroid 200 mcg mastercard without a prescription buy finpecia no prescription low cost where to buy finpecia without a prescription where can i purchase zithromax online purchase Buspar no visa online without prescription buy Atarax amex purchase cheap Atarax online buying Cytotec online lisinopril lisinopril buy lisinopril lisinopril buy Metformin from india Metformin side effects buy Lisinopril cheap uk buy Lisinopril buy Lisinopril legally buy finpecia over counter buy finpecia online prednisone no physician prednisone in mexico without a perscription purchase Buspar without prescription to ship overnight where to buy Amitriptyline without a prescription Premarin mexico valtrex generic pharmacy iframe Buy Valtrex from usa without a perscription purchase Maxalt without buy Metformin without a credit card buy Metformin no rx finpecia online pharmacy buy cheap valtrex without prescription free fedex delivery Valacyclovir Amitriptyline from india Premarin drug order cheap overnight Premarin online Maxalt purchase buy cheap generic prednisone online canada pharmacy no prescription buy prednisone oral Metformin online purchase buy Metformin doctor prescription order metformin without prescription to ship overnight where to purchase metformin no prescription no fees metformin order online metformin suppliers buy Metformin in united states online Metformin sale buy Metformin from india finpecia online no rx finpecia with fedex buy finpecia next day delivery purchase Premarin without prescription to ship overnight where buy Premarin