By Dennis Crouch
When I began writing Patently-O in 2004, design patents were largely thought of as akin to a pre-ball Cinderella: In rags, forlorn, and quite pitiful. Things have changed. Design patents are more valuable than ever and their trajectory continues to rise.
Matthew A. Smith (Foley) recently put together a short treatise on design patents (short for a treatise) and offered to publish Version 0.9 here as a preliminary draft for commentary. Coverage in the 82 page volume includes general background on the laws of design patents; design patent application preparation and prosecution; design patent enforcement; tests of design patent validity; and design patent remedies. As per his usual, Smith's approach is to provide straightforward analysis in practical terms and with direct reference to the underlying sources of law.
Read it while its hot: Matthew A. Smith, Design Patents, Ed. 0.9 (Prelim. Draft) (Dec. 17 2012). http://www.patentlyo.com/2012-12-17_design_patents.pdf [Updated]