Sarah Burstein, The Article of Manufacture in 1877, 32 Berkeley Tech. L.J. 1 (2017).

Mark McKenna

Designs for articles of manufacture are eligible for design patent protection under section 171 of the Patent Act if they are “new, original and ornamental.” As is clear on the face of this provision, design patent subject matter is limited to designs for “articles of manufacture”—other types of design, including architectural design, would seem to be excluded. But what exactly is included? What is a […]