Under the provisions of the United States Patent Act, the sale of “any article of manufacture” to which an infringing design has been applied makes the infringer liable “to the…
Tag: design patents
Ordinary Observer Test Prevails Over Point of Novelty for Design Patents
Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. The test for determining the validity of design patents should be the “ordinary observer test” and not the “point…