In the United States, in addition to the
United States Patent and Trademark Office
(USPTO) engaging with forming rights, U.S.
district courts, U.S. Court of Appeals for the
Federal Circuit, and the U.S. Supreme Court are
involved in examination on validity of rights and
patent infringement proceedings.
Design protection is said to go back to the
Patent Act of 1842. Designs shall be protected by
design patents under the Patent Act (35 USC).
The term of protection shall be 14 years.
The object of protection is an ornamental
design for an article of manufacture, including a
surface indicia applied to or embodied in the
article of manufacture, a design for the shape or
configuration of the article of manufacture, or
combination thereof. In the Gorham case, the
object of design protection was defined(*92). In the
Avia case(*93) and L. A. Gear case,(*94) the court