Bonum Certa Men Certa

Design Patents Should Not Exist, Trademarks and Copyrights Already Cover Designs

Zach Snyder is listed as an "Inventor" of this:

Zach Snyder patent



Summary: The absurdity of broad patents on design ideas which are about as ludicrous as patents on paintings or sketch arts

WE have, for a long time, said that patents on designs should not exist. Trademark law already covers designs, sometimes copyright law covers these too.



This new book title irked us a little. Patently-O promoted it yesterday. The book's name, "Design Rights", is misleading. These are not "rights" per se. We often see words like assets, property, rights, protection etc. misused. Patently-O misuses these words too.

"The book walks through design protection available the various global regions," Patently-O wrote, "US, Europe, Japan, China, India, S.America, etc – and is designed to help practitioners both understand the law and get started on strategy."

It talks about "practitioners", i.e. those who make a living not from designs but from telling designers that they need patents.

Design patents too often (more often than not) look like satirical ones. Patently-O gave this example the other day and even Crouch made fun/poked at it. To quote: [via]

Don’t stare too deeply into the pattern above – it embodies Columbia Sportswear’s U.S. Design Patent No. D657093 – covering “the ornamental design of a heat reflective material, as shown and described.” The recent $3 million jury verdict in Columbia Sportsware v. Seirus Innovative Accessories appears to be the first post-Samsung verdict on design patent damages.


Look at it. Ridiculous! How can that be monopolised? It's almost outrageous.

The Samsung verdict Crouch alludes to is the Apple case, which revolves around a ridiculous design patent dispute. There's an update on the case in this post from Florian Müller:

Just this week, the Wall Street Journal reported on the high-volume business Apple is doing with Samsung, a key supplier of components for various products including the new flagship iPhone, the iPhone X, on which Samsung will reportedly make $110 per unit. But as device makers, the two remain fierce competitors--and adversaries in court.



And on the design patents:

In the famous design patents case, the DoJ agreed with Samsung on the key legal question (article of manufacture). It additionally brought up a procedural question that could have enabled Apple to defend the original damages award. Now, with respect to the more recent petition relating to invalidity, injunctive relief, and infringement, the DoJ cautiously distances itself from the en banc opinion and indicates only between the lines that it may disagree, to some extent, from a policy perspective ("rigid rules for demonstrating obviousness" etc.). It would have been nice if the DoJ had been clearer about the implications of this for U.S. tech companies and for the work of the United States Patent and Trademark Office, which is supposed to protect real technological progress, which is hard to do if even weak evidence of non-obviousness gets a lot of weight. The DoJ could have expressed more clearly a concern over what this means for patent quality, but unfortunately it didn't.


Those who have actually seen some design patents (not registered designs) will know that it's a bubble of bad patents. Patently-O recently showed the explosive growth of such patents at the USPTO.

What next for patent maximalists? The crooked EPO has already begun granting patents on life itself, rendering EPs a laughing stock.

Recent Techrights' Posts

What EPO Staff, the Staff Union of the European Patent Office (SUEPO), and Europe Want and Need
Who should be served by patents?
SLAPP Censorship - Part 49 Out of 200: Two Americans, One Case, Recycled for Low Budget at Brett Wilson LLP and 5RB Barristers
Change one character, bill the client tens or hundreds of thousands of US dollars
 
"The Work-to-rule is Having Effect" at the European Patent Office (EPO)
The media knows how to contact SUEPO, but it's clearly not doing it
Improving the Sites, Not Bloating Them
Sites need to evolve over time. Many conflate evolution with bloat (as if more complexity is desirable).
SLAPP Censorship - Part 50 Out of 200: The Time Staff of Law Firm Burgess Mee Was Showing Up in Letters Sent for a Serial Strangler From Microsoft
Family-friendly? No.
Next Week the Star of the "EPO Reality TV Show" Will Likely be Absent (Absconding the Tough Reality of Widespread Unrest)
He tarnishes the legacy of that surname and the country's image by spouting out lies and hurling abusive insults (lots of the "f word") at staff
Speculations That IBM's CEO is on His Way Out
IBM has mass layoffs, but the media is not covering this [...] IBM is a company in the loo, a firm in a state of rapid disintegration
Slopwatch Was Deprecated, It's Not Coming Back
LLMs that produce many words very fast (and waste a lot of energy in the process) cannot compete with authentic news sites
WELCOME to The Cyber|Show @ Geminispace!
Andy set things up this past week
Links 18/04/2026: Microsoft's PR Department (Waggener Edstrom) and CEO's Wife Buys NPR (BillPR, Now BallmerPR) as Independent/Public Service Media Dims Down
Links for the day
Gemini Links 18/04/2026: Chronic Pain and CodingFont Game
Links for the day
Links 17/04/2026: "I Hate the Internet" and Fake Wallet in Apple App Store
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 17, 2026
IRC logs for Friday, April 17, 2026
European Patent Office (EPO) Strikes and Other Industrial Actions Are Working: Patent Application Grants Have Collapsed
Even before the strikes happened any day of the week
Pension Contribution Increases as Another Attack on Compensation for EPO Staff (Mostly Patent Examiners)
Pension contribution increases!
Almost 1,000 IBM Layoffs Not Newsworthy (Nobody Covers It), Unlike When Snap Does It and Mentions a Celebrated - or Reviled - Buzzword
not a word regarding IBM layoffs
Behind the Scenes With Richard Stallman
If you support his ideas, even if you dislike him as a person, then you'll welcome his ability to speak about those ideas
Gemini Links 17/04/2026: "Many Problems and Inequities in the Legal System", "No Place to Hide"
Links for the day
Links 17/04/2026: SRA Breaks Its Own Rules as Solicitor Attempts Suicide, IPv6 Barely Hits 50% After 20+ Years
Links for the day
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026
Strikes at the EPO Carry on, Staff Union of the European Patent Office (SUEPO) Increases Pressure Ahead of Technical and Operational Support Committee (TOSC) Meeting Next Week
the local section The Hague (or SUEPO TH) wants to rally many staff members
Gemini Links 16/04/2026: LLM Nuisance, Identity Systems (Surveillance), and Why Windows is Failing
Links for the day
'Going Offline' is Not Primitivism
Computers are good at automation, but people are not robots
The Register MS Has Published Article With "AI" 18 Times in it, "Cloud" 9 Times. It Got Paid to Do This.
What happened to journalism?
In Europe, More People Turn to Russia for Answers, Not Microsoft
The future of computing doesn't look pretty
SLAPP Censorship - Part 48 Out of 200: Brett Wilson LLP and 5RB Copy-Pasting Bogus Claims for Violent Americans (Microsoft) Who Tell Women to Kill Themselves
Microsoft's Graveley telling his partner to kill herself is probably a crime
The EFF Is Hardly Doing Anything Anymore
Our series about the EFF has been brewing for over 2 years already
Microsoft Uses Slop to Bribe (at No Cost) Nations That Otherwise Would Move to GNU/Linux and IBM is Forcing Red Hat Staff to Use Slop
Life it too short to waste "consuming" slop
Links 16/04/2026: Roblox Launching ‘Roblox Kids’ Accounts and "Deepfake Nudes Crisis in Schools"
Links for the day
Red Hat Staff: IBM Red Hat Laid Off About 400 Engineers, the Media Did Not Cover This
The media is not doing its job or doing a really shoddy job
Gemini Links 16/04/2026: Nocturnal Pulse, Unpersoned Outlaws, and Monaspace Lagrange Fontpacks
Links for the day
Richard Stallman Lecture in GDC Auditorium in Austin, Texas
corporate power could not 'cancel' the man
It's Not About the Head, It's About the Masters (and Funding)
Regardless of who the OSI claims to be its leader, its masters are Microsoft, just follow the money
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 15, 2026
IRC logs for Wednesday, April 15, 2026