English Language Articles

Perry Saidman has authored numerous articles discussing the intricacies of design patent law, including the following notable titles.

• Full List of Articles and Publications
  
  
• The Crisis in the Law of Designs is the title of Perry Saidman's latest article that was published in vol. 89 of the Journal of the Patent & Trademark Office Society, April, 2007, pp. 301-338. This article explains the causes of this crisis, and provides a suggestion for turning the tide towards better design protection. More particularly, Section I describes the problems with attempts to protect industrial designs through trade dress and copyright laws. Section II expounds on how recent design patent decisions, and some long-standing problems, have made this once useful option problematic at best. Section III resurrects a long-forgotten legal reform that provides a design protection system that actually makes sense in the 21st century.
  
  If you would like a copy of this article, please go to the "Contact Us" page of this website, and give us your email address with the comment, Crisis, and we will be glad to email it to you.
  

• WHAT IS THE POINT OF THE POINT OF NOVELTY TEST FOR DESIGN PATENT INFRINGEMENT? Nail Buffers and Saddles: An Analysis Fit For An Egyptian Goddess (to be published, Journal of the Patent & Trademark Office Society, June, 2008)
  
  
• "The Right to Copy Doctrine", 89 Journal of The Patent and Trademark Office Society (JPTOS) 204, March, 2007.
  
  
• The Death of Gorham v. White: Killing It Softly With Markman, 86 Journal of The Patent and Trademark Office Society (JPTOS) 10, October, 2004, The TTABlog
  
  
• "Kan TrafFix Kops Katch the Karavan Kopy Kats? -or- Beyond Functionality: Design Patents are the Key to Unlocking the Trade Dress/Patent Conundrum", 82 Journal of The Patent and Trademark Office Society (JPTOS) 839, December, 2000.
  
  
• Design Patentees: Don't Get Unglued by Elmer or The Single Most Important Thing to Know About The Preparation of Design Patent Applications" 78 Journal of The Patent and Trademark Office Society (JPTOS) 311, May, 1996.
  
  
• Who Owns What? / Design Protection Tools, Innovation, Winter, 1992.
  
  
• "Design Patents - the Whipping Boy Bites Back", 73 Journal of The Patent and Trademark Office Society (JPTOS) 859, November, 1991.
  
  
• The Ten Commandments of Design Patent Protection, innovation (Industrial Designers Society of American quarterly journal) Fall, 1990, p.21
  
  
• SNEAKERS, DESIGN PATENTS AND SUMMARY JUDGMENTS: Opening a New Era in the Protection of Consumer Products. Vol. 71 No. 7 Journal of The Patent and Trademark Office Society (JPTOS), July 1989