How does the “ornamentality” requirement affect design patent applications?

How does the “ornamentality” requirement affect design patent applications?

The ornamentality requirement is a crucial aspect of design patent applications. According to MPEP 1504.04:

“To be patentable, a design must be ‘primarily ornamental.’ … The design for an article consists of the visual characteristics embodied in or applied to an article.”

This means that:

  • The design must be visually appealing
  • It should not be dictated solely by function
  • The ornamental features must be visible during normal use of the article

When preparing a design patent application, ensure that your design meets these ornamentality criteria to improve the chances of approval.

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Tags: design patent, functional design, ornamentality, Visual characteristics