Professor of Law
University of Oklahoma College of Law
5:30 P.M. RECEPTION
6:15 P.M. LECTURE
The Houston Club
910 LOUISIANA - HOUSTON
To RSVP or for further information, contact
firstname.lastname@example.org or 713.743.2180
One Hour of CLE Credit
Sarah Burstein is a Professor of Law at the University of Oklahoma College of Law and an internationally-recognized expert in design patents. She has participated, by invitation, in design law conferences at the University of Oxford, Stanford Law School, the Max Planck Institute for Intellectual Property and Competition Law, ETH Zürich, and Waseda University in Tokyo. Professor Burstein is a past chair of the AALS Section on Art Law and of the ABA Design Committee.
Prior to joining the faculty at OU, Professor Burstein served as a law clerk to the Honorable Robert W. Pratt in the United States District Court for the Southern District of Iowa. She also worked as an intellectual property litigation associate in the Chicago office of Kirkland & Ellis LLP. Professor Burstein has a law degree from the University of Chicago and a B.A. in Art & Design from Iowa State University.
Selected Publications Include: Is Design Patent Examination Too Lax?, 33 Berkeley Tech. L. J. 607 (2019); The “Article of Manufacture” Today, 31 Harv J.L. & Tech. 781 (2018); The “Article of Manufacture” in 1887, 32 Berkeley Tech. L. J. 1 (2017); Costly Designs, 77 Ohio St. L. J. 107 (2016); The Patented Design, 83 Tenn. L. Rev. 161 (2015).
Toward a Normative Theory of Design Patents
The United States has granted patents for ornamental designs since 1842 but there are still few explanations for—let alone any clear consensus about—why, exactly, the system exists and what its goals should be. Now that high-profile cases like Apple v. Samsung have put the U.S. design patent system back in the spotlight and put millions of dollars on the line, it is more important than ever to figure out what we want this system to do, if anything. Should the goal be to deter any and all copying in the design space? To encourage the subjective expression of designers? To incentivize any and all types of design? Do we even need design patents at all?
This talk will provide a brief history of the U.S. design patent system and examine some of the various normative justifications that have been suggested in recent years. It will then present a new working theory for how we might justify the design patent system and explore some of the implications of that theory.
2019 SARAH BURSTEIN, University of Oklahoma College of Law
Toward a Normative Theory of Design Patents
2018 TIMOTHY R. HOLBROOK, Emory University School of Law
3D Printing, Digital Patent Infringement, and Its Implications
2017 JOHN R. THOMAS, Georgetown University Law Center
The End of Patent Medicines? Exploring the Rise of Regulatory Exclusivities
2016 DANIEL C.K. CHOW, The Ohio State University - Moritz College of Law
Trademark Squatting in China
2015 RUTH OKEDIJI, University of Minnesota Law School
Inventing Intellectual Property: Source Disclosure for Genetic Patent Rights?
2014 DENNIS D. CROUCH, University of Missouri School of Law
Clarifying Patent Scope
2013 ELIZABETH A. ROWE, Levin College of Law, University of Florida
Intellectual Property and Information Control
2012 THE HONORABLE JIMMIE V. REYNA, United States Court of Appeals for the Federal Circuit
The U.S. Court of Appeals for the Federal Circuit: Immediate and Future Challenges
2011 ROBERT BRAUNEIS, George Washington University Law School
Trademark Infringement, Dilution, and the Decline in Sharing of Famous Brand Names
2010 JANE K. WINN, University of Washington School of Law
Information Security as a Governance Challenge
2009 GREGORY N. MANDEL, Temple University Beasley School of Law
Patently Nonobvious: The Impact of Hindsight Bias on Patent Decisions
2008 MARGO A. BAGLEY, University of Virginia School of Law
Illegal, Immoral, Unethical… Patentable? Issues in the Early Lives of Inventions
2007 CLARISA LONG, Columbia University School of Law
The Political Economy of Intellectual Property Law
2006 JOHN F. DUFFY, George Washington University Law School, Washington, D.C.
The Invention of Invention: A History of Nonobviousness
2005 DAN L. BURK, University of Minnesota Law School, Minneapolis
The Problem of Process in Biotechnology
2004 DAVID J. FRANKLYN, University of San Francisco School of Law
The Anti-Free Rider Principle in American Trademark Law
2003 WILLIAM F. LEE, Hale & Dorr LLP, Boston
Attorney-Client Privilege and Willful Infringement
2002 HON. PAUL MICHEL, U.S. Court of Appeals for the Federal Circuit, Washington, D.C.
Predicting the Scope of Patent Protection: Construing Literal Claim Scope and Determining Available Equivalents
2001 YSOLDE GENDREAU, Université de Montreal, Quebec
The Exportation of Copyright Models: The Retransmission Right and the Internet
2000 JERRE B. SWANN, Kilpatrick Stockton LLP, Atlanta
Trademark Dilution for the Year 2000
1999 JOSEPH STRAUS, Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, Munich
Multinational Patent Enforcement: Problems and Solutions
1998 JOHN R. THOMAS, George Washington University Law School, Washington, D.C.
Transnational Patent Litigation
1997 HON. NANCY LINCK, U.S. Patent and Trademark Office, Washington, D.C.
Patent Prosecution for the New Millennium
1995 DONALD S. CHISUM, CHISUM ON PATENTS
The Allocation of Decisional Responsibility Between Judge and Jury in Patent Trials
1994 JOHN PEGRAM, Davis, Hoxie, Faithfull & Hapgood LLP
Complexity and Cost in Patent Litigation