Professor Mark McKenna Publishes Article on Progress and Competition in Design

Author: Denise Wager

Professor Mark McKenna (with Katherine Strandburg), has recently published, Progress and Competition in Design, Stanford Technology Law Review, Vol. 17, (2013). This article argues that applying patent-like doctrine to design makes sense only if a design patent system is premised on a patent-like conception of cumulative progress that permits patent examiners and courts to assess whether a novel design reflects a nonobvious step beyond the prior art. If there is a meaningful way to speak of such an inventive step in design, then design patent doctrine should be based on that conception. If nonobviousness has no sensible meaning in design, then a patent system cannot work for design. Read article