OCTOBER 2008
Federal Circuit sets new test for design patents
The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape
Last month's decision in Egyptian Goddess v Swisa clarified three main points that previously had generated considerable uncertainty in design infringement cases. The Court said that: 1) the so-called ordinary observer test should replace the point of novelty test in determining infringement; 2) the burden of the production of prior art should be placed on the accused infringer; and 3) detailed written descriptions of design claims are unnecessary and should generally be discouraged.
The rest of this article is available to subscribers only. Subscribe today for full access to this article.
Alternatively take a free trial, giving you access to the current issue's contents*
If you are already a subscriber, please log in below to access the rest of this article.
*excludes some surveys and articles.