What is considered a “simulation” in design patent law?
In design patent law, a “simulation” refers to a design that imitates an existing object, person, or naturally occurring form without significant originality. According to MPEP 1504.01(d), “a design which simulates an existing object or person is not original as required by the statute.” The MPEP cites several cases to support this, including: Bennage v.…
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