Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The U.S. Court of Appeals for the Federal Circuit has scrapped a 20-year-old legal test in design patent infringement cases and put teeth back into design patents by reverting to a 137-year-old U.S. Supreme Court standard. The unanimous en banc court abandoned its own 1984 "point of novelty" test and reverted to the single 1871 test of what an "ordinary observer" would recognize as infringing in two competing designs. Design patents generally cover the look and feel of a product, rather than its internal mechanism.
September 29, 2008 at 12:00 AM
1 minute read
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