Thursday, September 6, 2007

Design Patents: A New "Obviousness" Test?

Patently-O's story, "Design Patents: Novelty Requires 'Non-Trivial Advance Over The Prior Art'" raises a great question about the recent Egyptian Goddess v. Swisa case before the Federal Circuit. Does the stated requirement for a "non-trivial advance" over the prior art in a design patent go beyond the intent of lawmakers in introducing a new obviousness test for designs?

Could this be one more (small) step that weakens intellectual property rights for inventors?

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