DESIGN PATENT EXPERT WITNESS: TESTIMONY, CONSULTING & TESTIFYING CONSULTANTS

DESIGN PATENT EXPERT WITNESS: TESTIMONY, CONSULTING & TESTIFYING CONSULTANTS

A design patent expert witness is a testifying consulting provider and law firm testimony consultant who offers opinions in legal disputes involving the ornamental design of products protected by such legal instruments. At odds with utility patents, which cover how an invention functions, design patent expert witness authorities know that solutions protect how a product looks—its shape, surface ornamentation, or overall visual appearance. Leading SMEs help courts and juries determine whether an accused product unlawfully copies the patented design and explain the nuances of design protection in a clear, accessible way.

The job of a design patent expert witness typically includes reviewing and analyzing patented designs, comparing them to allegedly infringing products, and forming opinions on substantial similarity. KOLs may also evaluate validity, examining whether the patented design was novel and non-obvious at the time of filing. On top of it, pros can assess market impact and potential damages related to infringement.

Design patent expert witnesses tend to come from backgrounds in industrial design, business, engineering, architecture, or product development. Their expertise allows them to assess not just technical details but also visual impression, which is central to related disputes. And of course design patent expert witnesses provide written reports, deposition testimony, and courtroom presentations to help non-technical audiences understand complex design issues.

KOLs cover a broad spectrum of products and services, including:

  1. Smartphones

  2. Tablet computers

  3. Laptop designs

  4. Wearable devices

  5. Smartwatches

  6. Furniture

  7. Kitchen appliances

  8. Lighting fixtures

  9. Packaging designs

  10. Bottles and containers

  11. Footwear

  12. Apparel designs

  13. Eyewear

  14. Jewelry

  15. Handbags

  16. Sporting goods

  17. Fitness equipment

  18. Toys

  19. Video game consoles

  20. Vehicle exteriors

  21. Vehicle interiors

  22. Bicycles

  23. Helmets

  24. Tools and hand equipment

  25. Medical instruments

  26. Prosthetics

  27. Dental devices

  28. Cosmetic packaging

  29. Perfume bottles

  30. Restaurant tableware

  31. Bathroom fixtures

  32. Faucets

  33. Door handles

  34. Watches

  35. Writing instruments

  36. Consumer electronics

  37. Audio speakers

  38. Headphones

  39. Remote controls

  40. Drones

  41. Gaming accessories

  42. Point-of-sale devices

  43. Retail displays

  44. Signage systems

  45. Office equipment

  46. Textile patterns

  47. Decorative panels

  48. Musical instruments

  49. Architectural components

  50. Outdoor furniture

 

In combining technical knowledge with an understanding of visual aesthetics, design patent expert witnesses aid in protecting the unique appearance of products.