How does the USPTO handle design patent applications with offensive content?

The United States Patent and Trademark Office (USPTO) rejects design patent applications containing offensive content as nonstatutory subject matter. This rejection is based on the requirements of 35 U.S.C. 171 and the principles outlined in 37 CFR 1.3. MPEP 1504.01(e) states: “The disclosure, and therefore the claim in this application, is rejected as being offensive…

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What is the legal basis for rejecting design patents with offensive content?

The legal basis for rejecting design patents with offensive content stems from multiple sources in U.S. patent law and regulations: 35 U.S.C. 171: This statute defines the requirements for design patents. MPEP 1504.01(e) interprets this to exclude offensive subject matter: “Design applications which disclose subject matter which could be deemed offensive to any race, religion,…

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What are the consequences of including offensive content in a patent application?

Including offensive content in a patent application can have significant consequences. According to MPEP 608: The examiner will object to the offensive language or drawings. The application will not be classified for publication under 35 U.S.C. 122(b). The examiner will not pass the application to issue until the offensive content is removed. The MPEP states,…

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