How does the USPTO define “offensive” in the context of design patents?
The USPTO’s definition of “offensive” in the context of design patents is broad and focuses on protecting various groups from discriminatory or disrespectful representations. 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.”
This definition encompasses a wide range of potentially offensive content, including but not limited to:
- Racial or ethnic stereotypes
- Religious insensitivity
- Gender-based discrimination
- Nationality-based prejudice
- Caricatures that demean or mock protected groups
The USPTO aims to prevent the granting of design patents that could promote or perpetuate offensive stereotypes or discriminatory ideas.
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