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Intellectual Property

Jan. 18, 2024

When it comes to damages recovery, design patents trump utility patents

Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the sales the patent owner would have made if it had not been for the infringement.

Dariush Adli

President, ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

Design patents are not as popular as their better-known sibling, i.e., utility patents, but based on an unexplained discrepancy in the law, they have an advantage over utility patents when it comes to damages recovery for patent infringement.

In the U.S., about 5% of patent applications filed each year pertain to design patents, with almost all the rest corresponding to utility patents. The two patent types play distinct roles in protecti...

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