What is the legal basis for rejecting design patent applications that simulate existing objects?
The legal basis for rejecting design patent applications that simulate existing objects stems from the originality requirement in 35 U.S.C. 171. The MPEP 1504.01(d) explains: “35 U.S.C. 171 requires that a design to be patentable be ‘original.’ Clearly, a design which simulates an existing object or person is not original as required by the statute.”…
Read More