Can a design patent be granted for a naturally occurring object or person?
No, a design patent cannot be granted for a naturally occurring object or person. This is because such designs lack the originality required by 35 U.S.C. 171. According to MPEP 1504.01(d): “Clearly, a design which simulates an existing object or person is not original as required by the statute.” The MPEP further states: “[T]o take…
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