What are the criteria for determining ornamentality in design patents?
The criteria for determining ornamentality in design patents are outlined in MPEP 1504.01(c). Key factors include:
- The design must be visible during normal use of the article
- The design should not be dictated solely by function
- The appearance of the design must have some decorative purpose
As stated in the MPEP: “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.”
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