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 of novelty”. The US Court of Appeals for the Federal circuit (CAFC) in the recent case of International Seaway Trading Corp. v. Walgreens Corporation ruled that […]