MPEP § 1504.01(e) — Offensive Subject Matter (Annotated Rules)
§1504.01(e) Offensive Subject Matter
This page consolidates and annotates all enforceable requirements under MPEP § 1504.01(e), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Offensive Subject Matter
This section addresses Offensive Subject Matter. Primary authority: 35 U.S.C. 171. Contains: 2 guidance statements.
Key Rules
Design Patent Practice
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. See also MPEP § 608. Form paragraph 15.09.01 should be used.
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. See also MPEP § 608. Form paragraph 15.09.01 should be used.
Citations
| Primary topic | Citation |
|---|---|
| Design Patent Practice | 35 U.S.C. § 171 |
| Design Patent Practice | MPEP § 608 |
| Design Patent Practice | Form Paragraph § 15.09.01 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1504.01(e) — Offensive Subject Matter
Source: USPTO1504.01(e) Offensive Subject Matter [R-07.2015]
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. See also MPEP § 608. Form paragraph 15.09.01 should be used.
¶ 15.09.01 Offensive Subject Matter
The disclosure, and therefore the claim in this application, is rejected as being offensive and therefore improper subject matter for design patent protection under 35 U.S.C. 171. Such subject matter does not meet the statutory requirements of 35 U.S.C. 171. Moreover, since 37 CFR 1.3 proscribes the presentation of papers which are lacking in decorum and courtesy, and this includes depictions of caricatures in the disclosure, drawings, and/or a claim which might reasonably be considered offensive, such subject matter as presented herein is deemed to be clearly contrary to 37 CFR 1.3. See MPEP § 608.