What is the test for patent offensiveness in the Patent Offensiveness Test?
"New York", United States of America
The following excerpt is from People v. Kirkpatrick, 316 N.Y.S.2d 37, 64 Misc.2d 1055 (N.Y. City Ct. 1970):
22 Ginzburg v. United States, 383 U.S. 463, 86 S.Ct. 942, 16 L.Ed.2d 31 was also handed down on that day. It is not here discussed; it involved the issue of pandering, not here relevant.
23 In 1962, 'patent offensiveness' was first applied as a new ingredient of the test. In Manual Enterprises v. Day, 370 U.S. 478, 486, 82 S.Ct. 1432, 1436, 8 L.Ed.2d 639, Justice Harlan made that declaration for the majority:
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