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 grotesqueness or departure from the natural form’ is not patentable.” – In re Smith, 25 USPQ 360, 362, 1935 C.D. 573, 575 (CCPA 1935)
This implies that a design incorporating some “grotesqueness or departure from the natural form” might be patentable. The key is to demonstrate originality through stylization, exaggeration, or creative interpretation of the natural object, rather than mere reproduction of its natural appearance. Designers seeking to patent stylized versions of natural objects should focus on incorporating unique, non-naturalistic elements that clearly distinguish their design from the original natural form.
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