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…
Read MoreCan 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…
Read MoreCan I get a design patent for a toy that looks like a famous building?
Generally, obtaining a design patent for a toy that closely resembles a famous building would be challenging due to the “simulation” doctrine in design patent law. The MPEP 1504.01(d) cites a relevant case: “The arbitrary chance selection of a form of a now well known and celebrated building, to be applied to toys, inkstands, paper…
Read MoreCan 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…
Read MoreWhat 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.…
Read MoreWhat 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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