What are the requirements for a design to be considered “useful” under 35 U.S.C. 101?
For a design to be considered “useful” under 35 U.S.C. 101, it must meet specific criteria:
- The design must be embodied in or applied to an article of manufacture.
- The article itself must have practical utility.
As stated in MPEP 1504.01:
“To be patentable, a design must be ‘for an article of manufacture’ (35 U.S.C. 171) and must be ‘primarily ornamental’ (see MPEP § 1504.01(c)). The design must also be ‘original’ (35 U.S.C. 171), ‘new, original and ornamental’ (35 U.S.C. 171), and ‘nonobvious’ (35 U.S.C. 103).”
It’s important to note that the ornamental appearance itself does not need to have its own utility; rather, the article to which the design is applied must have practical utility.
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