How does the USPTO handle design patent applications for naturalistic animal figurines?

The USPTO generally views design patent applications for naturalistic animal figurines as problematic under the simulation doctrine. According to MPEP 1504.01(d):

“to take a natural form, in a natural pose, … does not constitute invention” – In re Smith, 25 USPQ 359, 360, 1935 C.D. 565, 566 (CCPA 1935)

This principle suggests that a design patent claim for an animal figurine that closely mimics the natural appearance of the animal without any significant stylization or originality would likely be rejected. The MPEP instructs examiners to reject such claims:

“a claim directed to a design for an article which simulates a well known or naturally occurring object or person should be rejected under 35 U.S.C. 171 as nonstatutory subject matter in that the claimed design lacks originality.”

To potentially qualify for a design patent, an animal figurine would need to incorporate creative elements that depart from a purely naturalistic representation.

To learn more:

• design patent
• animal figurines
• naturalistic representations
• simulation
• originality