How does the USPTO handle design patent applications with offensive subject matter?
The USPTO rejects design patent applications that disclose offensive subject matter. According to MPEP 1504.01(e):
“Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or depictions, should be rejected as nonstatutory subject matter under 35 U.S.C. 171.”
Key points about handling offensive subject matter in design patent applications:
- Applications with offensive content are rejected under 35 U.S.C. 171
- This includes caricatures or depictions that could be deemed offensive to any group
- Such subject matter is considered improper for design patent protection
- The rejection is also based on 37 CFR 1.3, which requires decorum and courtesy in papers presented to the USPTO
Examiners use a specific form paragraph (15.09.01) to reject applications containing offensive subject matter. This policy ensures that design patents are not granted for designs that could be considered discriminatory or offensive to any group.
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