How is the ornamentality of a design determined in patent examination?
The ornamentality of a design is determined by viewing the claimed design in its entirety, rather than focusing on individual features. This approach is outlined in the MPEP, which states:
“In determining whether a design is primarily functional or primarily ornamental the claimed design is viewed in its entirety, for the ultimate question is not the functional or decorative aspect of each separate feature, but the overall appearance of the article, in determining whether the claimed design is dictated by the utilitarian purpose of the article.“
This means that examiners and courts will consider the overall visual impression of the design, rather than analyzing each element separately. The key is to determine whether the design as a whole is primarily ornamental or if it’s dictated by the article’s function.
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