The recent scrutiny of software patent applications has resulted in more creative lawyering to protect software. In particular, design patents are now being used to protect the look of a software owner's user interface. Most marketing experts agree that the usability and aesthetics of software contribute to a more positive user experience, which translates to more commercial viability. Therefore, protecting the look of software in some instances can be as important as protecting its functionality. A design patent protects the ornamental features of an invention. Traditionally design patents have been used for things like furniture and cars. However, a recent shift in thinking has now expanded the reach of design patents to include software user interfaces. |