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How is the ornamentality of a design determined in patent examination?

By russ.krajec@blueironip.com | September 27, 2024

The ornamentality of a design is determined by viewing the claimed design in its entirety, rather than focusing on individual features. This approach is outlined in the MPEP, which states: “In determining whether a design is primarily functional or primarily ornamental the claimed design is viewed in its entirety, for the ultimate question is not…

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