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Nguyen, Xuan-Thao --- "Design patent–utility patent intersection" [2019] ELECD 395; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 399

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

ISBN: 9781785364112

Section: Chapter 16

Section Title: Design patent–utility patent intersection

Author(s): Nguyen, Xuan-Thao

Number of pages: 20

Abstract/Description:

Designs are important to both innovators and consumers. Legal protection for designs is critical in encouraging innovative designs in the age of complex technology. As shown in this chapter, the law for designs protection is still evolving, and confusing. Design patent law, the step-sibling of utility patent law, and trade dress law are the two primary areas where designs are currently protected.