What constitutes offensive subject matter in design patent applications?
Offensive subject matter in design patent applications includes content that could be deemed offensive to any race, religion, sex, ethnic group, or nationality. This typically includes caricatures or depictions that are discriminatory or disrespectful.
According to MPEP 1504.01(e):
“Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or depictions, should be rejected as nonstatutory subject matter under 35 U.S.C. 171.”
This guideline ensures that design patents do not promote or protect offensive or discriminatory content.
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