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Intellectual Property Law: Counseling,
Licensing, Litigation & Procurement
Design Patents

BLF National Tier 1-2016 Patent-LawBanner & Witcoff has represented design patentees for decades in both prosecution of design patent applications in the U.S. and around the world, and in the enforcement of U.S. design patents. Our clients are multinational, innovative design driven companies. We work with our clients to achieve their business goals in both the procurement of strong patent portfolios and the enforcement of patents.

The firm has several attorneys who are experienced in rendering opinions as to infringement or noninfringement, resolving conflicts with infringers, litigating design patents in U.S. District Courts and appeals to the Court of Appeals of the Federal Circuit.

The firm also has a specialized design team led by Robert S. Katz which handles prosecution of design patent applications. Banner & Witcoff recognizes the importance of design patent prosecution strategies and the enforcement of design patents, which we believe is important to procuring strategic and strong, enforceable design patents. Our attorneys are supported by a team of design assistants who handle the administrative tasks of design patent prosecution in a systematic and efficient manner. The design team works closely with the U.S. Patent and Trademark Office during all phases of prosecution.

The majority of the firm's design prosecution is for U.S. companies, and accordingly, the design team is experienced in preparing original U.S. applications and handling counterpart applications based on the U.S. application. The team also handles numerous U.S. applications with a priority application filed first elsewhere, such as Japan.

The design team was conceived in response to the timing needs of a client whose products are seasonal in nature and require expedited processing. One of the specialties of our practice is the ability to obtain design patents as quickly as possible. To this end we measure our success by the length of design patent application pendency. Recently we have had cases issue within six months of filing. In any industry in which a product's launch is followed closely by imitations, timing is of the essence, and expedited processing is an important tool.

Banner & Witcoff holds the record for the most U.S. design patents procured in a calendar year, and its design team has surpassed their own record six times since becoming the title holder in 1998. Banner & Witcoff also broke the record consecutively in 2006, 2007 and 2008.

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