What is the role of “ordinary designer” in design patent obviousness determinations?

The concept of the “ordinary designer” plays a crucial role in determining obviousness for design patents. The MPEP states:

“In determining obviousness, the standard is whether the design would have been obvious to a designer of ordinary skill who designs articles of the type involved.“

Key aspects of the “ordinary designer” standard include:

• It is analogous to the “person having ordinary skill in the art” (PHOSITA) in utility patents.
• The ordinary designer is presumed to be familiar with prior art designs in the field.
• This standard helps assess whether combining or modifying prior art designs would be obvious.
• The level of ordinary skill may vary depending on the complexity of the design field.

When applying this standard, examiners and courts consider what design choices would be obvious to someone with ordinary skill in the specific design field, rather than to a layperson or an exceptional designer.

To learn more:

• ordinary designer
• design patent obviousness
• PHOSITA
• patent examination