Washington Design vs. Utility Patent Infringement Attorney
Searching for a Washington patent attorney to evaluate whether a product infringes a design patent, a utility patent, or both? Infringement analysis depends heavily on the type of patent asserted—and confusing the two can lead to costly strategic mistakes. We help clients distinguish between design and utility patent claims, assess infringement risk, and choose an informed response before disputes escalate into intellectual property litigation.
Design patent disputes focus on the visual appearance of a product—how it looks to an ordinary observer—while utility patent disputes turn on how a product works, what it does, and how it is constructed. The evidence, defenses, and litigation posture differ significantly between the two, even when they cover the same commercial product.
Key differences between design and utility patent infringement
- Design patents: protect ornamental appearance; infringement turns on overall visual similarity and consumer perception.
- Utility patents: protect functional features; infringement turns on claim language, technical operation, and claim construction.
- Evidence: design cases rely heavily on images and exemplars, while utility cases rely on technical documents, expert analysis, and prior art.
- Defenses: differ in scope and timing, including non-infringement, invalidity, and prosecution history arguments.
How we help
- Infringement risk assessment: evaluate accused products against asserted design or utility patent claims to identify exposure and defenses.
- Early dispute strategy: advise on cease-and-desist responses, design-around options, and negotiation posture.
- Design patent analysis: assess ordinary-observer similarity, prior art designs, and scope-limiting features.
- Utility patent analysis: evaluate claim construction, technical operation, and invalidity theories.
- Litigation alignment: coordinate infringement and invalidity positions with broader business and product strategy.
Understanding whether a dispute involves design patents, utility patents, or both is often the first—and most important—step in protecting your product and your business. We focus on translating complex patent doctrine into clear, practical guidance that supports informed decisions.
Get basic patent law guidance before scheduling a consultation
If you’re still evaluating your options, try our custom (experimental) RAG patent chatbot for general, educational information about common patent dispute issues—such as how patent infringement is analyzed, differences between utility and design patents, when a cease and desist letter makes sense, options for defending against infringement claims, and the role of inter partes review (IPR). When you’re ready to discuss your specific facts, risks, and strategy, you can schedule a meeting with Mitchell.
About Mitchell
Mitchell D. West is a litigation attorney with Lowe Graham Jones PLLC, combining expertise in litigation with a deep understanding of Seattle’s startup ecosystem. Mitchell has collaborated with innovative companies in software development, digital assets, decentralized physical infastructure, and legal technology.
Mitchell has represented clients in a range of sophisticated disputes, including trade secret litigation involving silicon-carbon anode technology, patent cases spanning plant varieties to thermoforming products, high-stakes business divorces, and trademark disputes resolved through strategic negotiation. While specializing in litigation, Mitchell also advises emerging technology companies on legal challenges to avoid disputes and ensures they succeed when litigation arises.
As part of his commitment to leveraging technology in legal practice, Mitchell developed Retrieval-Augmented Generation (RAG) chatbots trained on a curated set of legal documents he has developed and relies on in his day-to-day practice.The RAG chatbot is hosted on a hybrid decentralized cloud platform that Mitchell actively contributes to.
Learn more about Mitchell at Lowe Graham Jones PLLC.
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Education:
- J.D., Washington University School of Law (Washington University in St. Louis)
- B.A., Quantitative Economics and Political Science, Indiana University
Bar Admissions:
- U.S. District Courts: Western and Eastern Districts of Washington
- 9th Circuit Court of Appeals
- All Washington State Courts
Memberships:
- Seattle IP Inn of Court
- Seattle Yacht Club
Contact Us
If you have any questions, concerns, or are interested in having a custom RAG chatbot developed for your website, you can reach Mitchell directly by email at west@lowegrahamjones.com or using the form below.