Federal Circuit overturns design patent test
22 September 2008
Managing Intellectual Property
In a ruling today, the Court of Appeals for the Federal Circuit threw out the established test for design infringement in the US, the so-called point of novelty test
In a unanimous judgment, following an en banc hearing, the 12 judges rejected both the point of novelty test and the non-trivial advance test, a refinement proposed by a panel of the court last year.
“Instead, in accordance with Gorham and subsequent decisions, we hold that the ‘ordinary observer' test should be the sole test for determining whether...
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