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 MoreWhat evidence does a patent examiner need to reject a design for simulation?
When rejecting a design patent application based on simulation, patent examiners are encouraged to provide evidence to support their decision. The MPEP 1504.01(d) states: “when a claim is rejected on this basis, examiners should provide evidence, if possible, of the appearance of the object, person or naturally occurring form in question so that a comparison…
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