How does visibility affect ornamentality in design patents?
Visibility is a crucial factor in determining ornamentality for design patents. According to MPEP 1504.01(c): “If the design is not visible during normal use, it is not ornamental. Normal use excludes maintenance and repair, but may include a period of inactivity as well as periods of use.” This means that designs hidden from view during…
Read MoreHow does MPEP 1502 define ‘ornamental design’?
How does MPEP 1502 define ‘ornamental design’? MPEP 1502 provides a specific definition for ‘ornamental design’ in the context of design patents. According to MPEP 1502: “The ornamental design for an article includes all the characteristics of the article that can be observed visually in its normal use.” This definition emphasizes several key points: Visual…
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