Federal Circuit Provides Guide To Determining Scope Of Design Patents Having Functional Components

Determining the scope of a design patent claim can be challenging when functional components form part of the claim. In Sport Dimension, Inc. v. The Coleman Company, Inc., the Federal Circuit provided a guide for determining whether components of the claimed design serve a functional purpose.

What This Means to You

• Design patents can be granted for designs having functional components
• Structural elements serving a functional purpose will not be entirely eliminated from a design patent claim

Case Background

The Coleman Company owns a design patent directed to a personal floatation device (PFD). The claim to the ornamental design shows two arm bands attached to a torso piece. Sport Dimension sold a PFD including arm bands and a torso piece. The district court held that the arm bands and the side torso tapering were functional and therefore should not be part of the claim.