What is Form Paragraph 15.09.01 in patent examination?
Form Paragraph 15.09.01 is a standardized text used by patent examiners to reject design patent applications that contain offensive subject matter. It is specifically mentioned in MPEP 1504.01(e) for use in such rejections.
The form paragraph states:
“The disclosure, and therefore the claim in this application, is rejected as being offensive and therefore improper subject matter for design patent protection under 35 U.S.C. 171. Such subject matter does not meet the statutory requirements of 35 U.S.C. 171. Moreover, since 37 CFR 1.3 proscribes the presentation of papers which are lacking in decorum and courtesy, and this includes depictions of caricatures in the disclosure, drawings, and/or a claim which might reasonably be considered offensive, such subject matter as presented herein is deemed to be clearly contrary to 37 CFR 1.3. See MPEP § 608.”
This form paragraph provides a clear and consistent basis for rejecting applications with offensive content, citing relevant statutes and regulations.
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