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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Can a design patent be obtained for a stylized version of a natural object?

While designs that merely simulate natural objects are generally not patentable, a stylized version of a natural object may be eligible for a design patent if it demonstrates sufficient originality. The MPEP 1504.01(d) suggests this possibility when discussing the rejection of certain designs: “a ‘baby doll simulating the natural features…of a baby without embodying some…

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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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What are the requirements for obtaining a design patent?

The requirements for obtaining a design patent are outlined in 35 U.S.C. 171, which states: “Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.” Based on this statute, the key requirements for a design patent are: Novelty:…

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