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…
Read MoreCan functional features be protected by design patents?
While design patents primarily protect ornamental designs, functional features can sometimes be included if they contribute to the overall ornamental appearance. The MPEP 1504.01(c) 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 functional features be considered in a design patent anticipation rejection?
Functional features generally cannot be relied upon to support patentability in design patent anticipation rejections. The MPEP states: When a claim is rejected under 35 U.S.C. 102 as being unpatentable over prior art, those features of the design which are functional and/or hidden during end use may not be relied upon to support patentability. Additionally,…
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