Not very conversant with the theory behind design patents, but seems to me they are used more for protecting distinctive UIs and associations with brands than f

Not very conversant with the theory behind design patents, but seems to me they are used more for protecting distinctive UIs and associations with brands than for protecting the investment in actually designing them. Here's the closest thing I can find off-hand (http://republic3-0.com/design-patents-primer-david-gerk/ http://republic3-0.com/design-patents-primer-david-gerk/), which also links to another article (http://ilj.law.indiana.edu/articles/7-Du-Mont-Janis-1.pdf http://ilj.law.indiana.edu/articles/7-Du-Mont-Janis-1.pdf) that I have not yet read: > Gerk: Design patents have been part of our intellectual property framework for a long time. In fact, the first U.S. law providing for design patent protection was passed in 1842. The impetus for protecting “designs” came about in response to the prevalence of copycats misappropriating the popular designs of the time, both here in America and elsewhere across the globe. For example, laws providing protection for “design” were developing in Britain during that time period as well. At that time, manufacturers in a variety of industries, including iron works (think stoves, railings, and kitchen utensils) and textiles, began including ornamental designs on their products to distinguish themselves from their competition. These original designs were quite ornate, time-consuming and not surprisingly – given the time period – often done by hand. When copycats began to use these designs to sell their own products, this prompted efforts by businesses to seek separate protection for their designs, especially since they weren’t being effectively protected under either patent or copyright. Indeed, in this particular case, the alleged UI copying was deliberately done to free-ride on the popularity of Word's Ribbon UI (yes, apparently it's popular): > Among many examples, Help for WordPerfect X7 suggests that the user “simulate the Microsoft Word workspace until you are accustomed to work in WordPerfect” Copying the exact design of a slider does actually seem like more work than just throwing something together by yourself...