How does the concept of nexus apply to design patents?
The concept of nexus also applies to design patents, similar to utility patents. As stated in the MPEP, ‘[T]he obviousness analysis involves determining whether ‘the claimed invention as a whole would have been obvious[]’ (quoting 35 U.S.C. 103 )[], and yet we still require a link to the claimed invention’s unique characteristics in that context. We therefore hold that, as in the utility patent context, objective indicia must be linked to a design patent claim’s unique characteristics.’
(MPEP 716.01(b))
This means that for design patents, objective indicia of non-obviousness must be connected to the unique characteristics of the claimed design, just as they must be for utility patents.
To learn more: