How does experimental activity apply to design patents?

Experimental activity in the context of design patents is more limited compared to utility patents. According to MPEP 2133.03(e)(6):

“The public use of an ornamental design which is directed toward generating consumer interest in the aesthetics of the design is not an experimental use.”

However, there is an exception:

“[E]xperimentation directed to functional features of a product also containing an ornamental design may negate what otherwise would be considered a public use.”

This means that while testing the aesthetic aspects of a design is generally not considered experimental use, testing functional features associated with the design might qualify as experimental activity.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2133.03(E)(6) - Permitted Experimental Activity And Testing, Patent Law, Patent Procedure
Tags: design patents, Experimental Activity, functional features, Ornamental design