What is a prima facie case for lack of ornamentality in a design patent?
A prima facie case for lack of ornamentality in a design patent is established when an examiner provides sufficient evidence to show that the claimed design lacks ornamental characteristics. The MPEP states: “To properly reject a claimed design under 35 U.S.C. 171 on the basis of a lack of ornamentality, an examiner must make a…
Read MoreHow can an applicant overcome a rejection based on lack of ornamentality?
An applicant can overcome a rejection based on lack of ornamentality under 35 U.S.C. 171 by providing evidence that demonstrates the ornamental nature of the design. The MPEP outlines several ways to overcome such a rejection: Submit an affidavit or declaration under 37 CFR 1.132 explaining which features of the claimed design were created to…
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