Originally Posted by AzN1337c0d3r
The number of design patent lawsuits back then pales in comparison to the number we have now, hence rife.
The number of products back then pales in comparison to the number of products we have now. Your point?
Furthermore, I feel it is abuse because companies are using the system in a way that it was not intended as I've expounded in an earlier post.
What do you mean that companies are using the system in a way that was not intended? It was the system itself which extended patent protection to non-utility designs. This occurred in the Act of 1842 (with design patent D1 being issued later that same year):
And be it further enacted, That any citizen or citizens, or alien or aliens, having resided one year in the United States and taken the oath of his or their intention to become a citizen or citizens who by his, her, or their own industry, genius, efforts, and expense, may have invented or produced any new and original design for a manufacture, whether of metal or other material or materials, or any new and original design for the printing of woolen, silk, cotton, or other fabrics, or any new and original design for a bust, statue, or bas relief or composition in alto or basso relievo, or any new and original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern, or print, or picture, to be either worked into or worked on, or printed or painted or cast or otherwise fixed on, any article of manufacture, or any new and original shape or configuration of any article of manufacture not known or used by others before his, her, or their invention or production thereof, and prior to the time of his, her, or their application for a patent therefor [sic], and who shall desire or obtain an exclusive property or right therein to make, use, and sell and vend the same, or copies of the same, to others, by them to be made, used, and sold, may make application in writing to the Commissioner of Patents expressing such desire, and the Commissioner, on due proceedings had, may grant a patent therefor, as in the case now of application for a patent: Provided, That the fee in such cases which by the now existing laws would be required of the particular applicant shall be one half the sum, and that the duration of said patent shall be seven years, and that all the regulations and provisions which now apply to the obtaining or protection of patents not inconsistent with the provisions of this act shall apply to applications under this section.
Companies today are using the system exactly as was intended by the system itself. So if you want to blame anyone, blame the 27th Congress and President John Tyler.