The landscape of design patent law has changed fundamentally, following a federal appeals court ruling that sets aside the use of the "point of novelty" test in assessing design patent infringement. The Federal Circuit, sitting en banc, ruled unanimously Monday that design patent infringement analysis must be rooted in the long-established "ordinary observer" test. The ruling was immediately heralded by lawyers in the intellectual property bar as a strengthening of design patents.
Federal Circuit Ruling Sets Legal Standard for Design Patent Infringement
September 24, 2008