How does the USPTO handle design patent applications for naturalistic animal figurines?
The USPTO generally views design patent applications for naturalistic animal figurines as problematic under the simulation doctrine. According to MPEP 1504.01(d): “to take a natural form, in a natural pose, … does not constitute invention” – In re Smith, 25 USPQ 359, 360, 1935 C.D. 565, 566 (CCPA 1935) This principle suggests that a design…
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