Can a design patent be rejected for ethical reasons?
Yes, a design patent can be rejected for ethical reasons, particularly if it contains offensive subject matter. The MPEP 1504.01(e) provides guidance on this matter:
“Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or depictions, should be rejected as nonstatutory subject matter under 35 U.S.C. 171.”
This rejection is based on ethical considerations and the statutory requirements of 35 U.S.C. 171. Additionally, 37 CFR 1.3 prohibits the presentation of papers lacking in decorum and courtesy, which includes offensive depictions or caricatures in patent applications.
To learn more: