What is the relationship between functionality and ornamentality in design patents?
The relationship between functionality and ornamentality in design patents is complex, as a design must be primarily ornamental to be patentable. However, the presence of functional elements does not automatically disqualify a design from patent protection. The MPEP clarifies this relationship:
“However, a distinction exists between the functionality of an article or features thereof and the functionality of the particular design of such article or features thereof that perform a function.“
This means that while an article itself may be functional, its specific design can still be ornamental. The key is to determine whether the overall appearance of the design is primarily dictated by its function or if it incorporates ornamental considerations.
To be patentable, a design must be “primarily ornamental.” This is assessed by viewing the claimed design in its entirety, considering the overall appearance rather than the functional or decorative aspect of each separate feature.
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