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Design Patents: Law Without Design by Peter Lee & Madhavi Sunder


Design Patents: Law Without Design by Peter Lee & Madhavi Sunder

Design patents have recently burst onto the intellectual property stage, but they are surprisingly underdeveloped for a body of law that is more than a century and a half old. Design patents are, quite simply, a body of law without design: there is little coherent theoretical underpinning for this long overlooked form of intellectual property. Now, as design patents are poised to assume greater prominence in the legal and economic realms, the time is ripe for examining myriad justifications for exclusive rights in design in order to develop a richer theoretical foundation for this body of law.

continue reading: http://journals.law.stanford.edu/stanford-technology-law-review/online/design-patents-law-without-design

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