How does the USPTO handle design patent applications with offensive content?
The United States Patent and Trademark Office (USPTO) rejects design patent applications containing offensive content as nonstatutory subject matter. This rejection is based on the requirements of 35 U.S.C. 171 and the principles outlined in 37 CFR 1.3.
MPEP 1504.01(e) states:
“The disclosure, and therefore the claim in this application, is rejected as being offensive and therefore improper subject matter for design patent protection under 35 U.S.C. 171. Such subject matter does not meet the statutory requirements of 35 U.S.C. 171.”
Additionally, the USPTO cites 37 CFR 1.3, which prohibits the presentation of papers lacking in decorum and courtesy, including offensive depictions or caricatures.
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