Last year, an en banc Federal Circuit ruled in the seminal case of Egyptian Goddess, Inc. v. Swisa, Inc. that the so-called “point of novelty” test was no longer valid in determining design patent ...
One of the main issues raised since the Ordinance of July 25 2001 transposing the EU Directive 98/71/EC on design rights is that of the law to be applied when considering the validity of a design.
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