How do surface ornamentation and configuration affect design patent eligibility?
How do surface ornamentation and configuration affect design patent eligibility? Surface ornamentation and configuration are key aspects of design patent eligibility. The MPEP 1504.04 states: “The design for an article consists of the visual characteristics embodied in or applied to an article. Since a design is manifested in appearance, the subject matter of a design…
Read MoreCan a design patent protect a design in the abstract?
No, a design patent cannot protect a design in the abstract. According to MPEP 1502, design patents are specifically limited to designs applied to articles of manufacture. This principle is reinforced by recent case law cited in the MPEP: “A design claim is limited to the article of manufacture identified in the claim; it does…
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