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What are the criteria for determining ornamentality in design patents?

By russ.krajec@blueironip.com | September 27, 2024

The criteria for determining ornamentality in design patents are outlined in MPEP 1504.01(c). Key factors include: The design must be visible during normal use of the article The design should not be dictated solely by function The appearance of the design must have some decorative purpose As stated in the MPEP: “In determining whether a…

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