Design Patents

Long before other law firms saw the value of design patents, the Sterne Kessler team was breaking new ground in the field and we continue to be a market leader in design patent law today. We develop effective, comprehensive IP programs to protect some of the most iconic product designs in the world and to eliminate knock-offs in the marketplace. We serve a diverse array of industries, from consumer products to food & beverage, medical devices, automotive, heavy equipment, manufacturing, and industrial products. Some of our clients include 23andMe, Adidas, BlenderBottle (Trove Brands), Thule Group, Therabody, Toyo Tire Corporation, and World Centric.

Experienced Counsel for Design Rights

The design patent rights we have obtained for clients have withstood challenges around the globe, and our clients have been able to recover millions of dollars in damages and injunctions against future sales in litigation. As one of the largest U.S. design patent law practices, Sterne Kessler annually files or manages the filing of 3,000+ applications for design rights worldwide. We have experience developing global design protection strategies to safeguard product configurations, shape, and ornamental appearance as well as graphical user interface. We also understand the importance of having a comprehensive strategy to protect these designs. In addition to using design patents to protect salient product features and products as a whole, we counsel clients on using utility patents, trademarks, trade dress, and copyright to safeguard designs.

Our team is well-known for our design patent expertise, and our ability to find creative and effective solutions for clients. We were one of the first firms to challenge the conventional wisdom that design patents take too long to obtain—by understanding what causes examination delays and how to expedite the process, we effectively usher design patent applications through the system to protect our clients’ critical products. Our design patent team also uses continuing application practice to ensnare copiers who draw inspiration from our clients’ designs, even when those designs are not exact copies.

Global Protection Strategies

We work with an international network of law firms who, like Sterne Kessler, are the leading firms for design rights. Together, we coordinate strategies for protecting design rights worldwide, including using the Hague System for the International Registration of Industrial Rights. In some countries where design patent protection has not yet caught up with technological advancements and market realities, we have brought test cases to challenge the legal system and bring about changes in the law that are in line with current trends.

We are also deeply invested in the advancement of design law in the United States, and have appeared before the U.S. Congress and assisted the Intellectual Property Owners Association (IPO) to draft recommendations to the U.S. Customs and Border Protection agency regarding extension of full border enforcement protection to design patents. Our lawyers have also held or currently hold leadership positions in the design committees of the International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), and IPO.

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Awards & Recognition

Our practice and practice group leader, Tracy Durkin, are widely recognized for excellence in design patents.

• “Band 1: Intellectual Property – Patent Prosecution” Washington, D.C. – Chambers USA, 2002 – 2024
• Tracy Durkin, “Recommended – Design Patents, National” – IAM Patent 1000, 2020 – 2024
• Tracy Durkin, “Top Ten Legal Innovators in North America” – Financial Times, 2018