Can a design patent be granted for a naturally occurring object or person?
No, a design patent cannot be granted for a naturally occurring object or person. This is because such designs lack the originality required by 35 U.S.C. 171. According to MPEP 1504.01(d):
“Clearly, a design which simulates an existing object or person is not original as required by the statute.”
The MPEP further states:
“[T]o take a natural form, in a natural pose, … does not constitute invention”
Key points:
- Designs simulating well-known or naturally occurring objects or persons lack originality
- Such designs should be rejected under 35 U.S.C. 171 as nonstatutory subject matter
- This applies to designs that merely replicate natural forms without any stylization or caricature
Examiners are instructed to provide evidence of the appearance of the object or person being simulated when making such rejections. Designers must add creative elements or stylization to natural forms to potentially qualify for design patent protection.
To learn more: