How can I tell if my product infringes a design patent? The long awaited "EGYPTIAN GODDESS" case decided today [9-22-2008] answered that question. Unless the case is appealed, here was the standard set forth by the CAFC:
The accused product infringes the design patent if the accused device is so similar to the claimed device that a purchaser familiar with the prior art would be deceived by the similarity between the claimed device and the accused device - inducing the purchaser to purchase the accused device supposing the accused device to be the claimed device.
In other words, if somebody buying your product is deceived into thinking they are buying the product shown in your competitors design patent, you infringe.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."