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  • Egyptian Goddess Exposed! But Not in the Buff(er)...

    90 Journal of The Patent and Trademark Office Society (JPTOS) 859, December, 2008 

     

    Perry Saidman reviews the pre- and post-Egyptian Goddess law regarding the limitation of claim construction and the abolishment of the novelty test. Mr. Saidman ends the article with a critique of how the Federal Circuit applied its new law to the facts of Egyptian Goddess which, unfortunately, left something to be desired.

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  • A Manifesto on Industrial Design Protection: Resurrecting the Design Registration League

    55 Journal of the Copyright Society of the USA 2-3, Winter-Spring, 2008.

     

    Perry Saidman's article, co-authored with Theresa Esquerra, goes over the earnest but unsuccessful attempts to implement industrial design legislation.

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  • The Dysfunctional Read Test: Missing the Mark(man) Regarding the Test for Design Patent Infringement

    90 Journal of The Patent and Trademark Office Society (JPTOS) 533, July, 2008.

     

    Perry Saidman discusses the reasons that Markman claim construction for design patents should have nothing to do with the issue of functionality.

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  • What Is The Point of The Point of Novelty Test for Design Patent Infringement? Nail Buffers and Saddles: An Analysis Fit for an Egyptian Goddess

    90 Journal of The Patent and Trademark Office Society (JPTOS) 401, June, 2008.

     

    Perry Saidman explores the rule governing design patent infringement, which comprises two distinct tests: the "ordinary observer" test, and the "point of novelty" test. And then asks the question "Should 'point of novelty' be a test for infringement of design patents?"

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