How does the USPTO evaluate ornamentality in design patent applications?
The USPTO evaluates ornamentality in design patent applications based on whether the design was created for the purpose of ornamenting and is not purely functional. According to MPEP 1504.01(c):
“An ornamental feature or design has been defined as one which was ‘created for the purpose of ornamenting’ and cannot be the result or ‘merely a by-product’ of functional or mechanical considerations.”
Key points in evaluating ornamentality include:
- The design must be “primarily ornamental”
- The entire design is considered, not just individual features
- Evidence of ornamental considerations in the design process can support patentability
- Purely functional designs are not patentable
The examiner must establish a prima facie case if rejecting a design for lack of ornamentality. Applicants can overcome such rejections by providing evidence of ornamental considerations, such as declarations explaining the ornamental aspects of the design or showing alternative designs that serve the same function.
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