IP Protection for Consumer Products Design

Jean-Paul Ciardullo is a partner in the IP Litigation Practice Group, in Foley’s Los Angeles office. In this video, he shares his perspectives on how manufacturers can strategically approach intellectual property issues related to developing a new consumer product. Foley has a deep bench of attorneys with technical knowledge and years of experience in intellectual property, and we can help clients secure success in their product launches.

Key Takeaways

• Consider how product will be used in the marketplace, what the competitive landscape looks like, and what the intended product life cycle is.
• Have an understanding of your competitor’s intellectual property rights, whether they be design patents, utility patents, trademarks, trade dress, or copyrights.
• Avoiding product development that might be infringing will help avoid future litigation and encourage the development of products that are truly unique in the market.
• Manufacturers should have a strategic approach to the forming of intellectual property or which combinations of them will best protect the company’s investment.
• If a product is going to have a long life-cycle in the market it’s often advisable to consider aesthetically unique and brand identifying designs that will best protect the product under design patent rights.
• Companies without formal invention disclosure protocols may wish to establish those systems as well as consider employee training on intellectual property issues.
• In many cases, trade secrets are also something that should be considered.