CLASS 99
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TUESDAY, 4 DECEMBER 2012
Summary of radiator case
Our thanks to OHIM for their lengthy and helpful English language summary of the joined General Court radiator cases (T 83/11 and T 84/11) which we mentioned some weeks back. As the judgment itself is still unavailable in English, this is the best available so far.
The summary deals with the "crowded field" or "prior art density" test we mentioned in our posting, indicating (correctly, in my view) that it is a different test to the statutory "design freedom" subtests for individual character and infringement, but one with a similar effect.
Also dealt with are the effect of dashed lines, size, trends and the informed user. We continue to look forward to the official English translation. Posted by: David Musker @ 13.00
Tags: appeal, crowded field, density, design freedom, eu, europe, general court, individual character, prior art, radiators, saturation, validity,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA416
Summary of radiator case
The summary deals with the "crowded field" or "prior art density" test we mentioned in our posting, indicating (correctly, in my view) that it is a different test to the statutory "design freedom" subtests for individual character and infringement, but one with a similar effect.
Also dealt with are the effect of dashed lines, size, trends and the informed user. We continue to look forward to the official English translation. Posted by: David Musker @ 13.00
Tags: appeal, crowded field, density, design freedom, eu, europe, general court, individual character, prior art, radiators, saturation, validity,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA416
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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