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(Outmoded) “Point of Novelty” Test

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Presentation on theme: "(Outmoded) “Point of Novelty” Test"— Presentation transcript:

1 (Outmoded) “Point of Novelty” Test

2 Prior Art

3 Prior Art Patented Design Novelty & Nonobviousness concern
relationship between red and blue zones

4 Prior Art Patented Design Defendant’s Product Infringement concerns
relationship between yellow and blue zones

5 Prior Art Patented Design Defendant’s Product
Novel features Under point-of-novelty test, this is infringement

6 Prior Art Defendant’s Patented Product Design
Novel features Under point-of-novelty test, this is not infringement

7 Prior Art Defendant’s Patented Product Design
Novel features Under point-of-novelty test, this is not infringement


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