What's In A Name? Curver Luxembourg and Its Implications for Design Patents

Abstract

This Article examines design patent law in the context of the 2019 Court of Appeals for the Federal Circuit decision of Curver Luxembourg, SARL v. Home Expressions, Inc. It first explains the law of design patents as it was prior to the Curver Luxembourg decision — providing an overview of the three key requirements for design patent eligibility, the concept of an article of manufacture, and the design patent prosecution process. Then, it examines the Curver Luxembourg decision itself: the background of the case, the district court decision, and its affirmation on appeal. Finally, it examines the decision’s implications for design patent law, industry reactions to the decision, and specifically considers the increased importance of patent titles and the decision’s impact on the scope of prior art.