Can I get a design patent for a toy that looks like a famous building?
Generally, obtaining a design patent for a toy that closely resembles a famous building would be challenging due to the “simulation” doctrine in design patent law. The MPEP 1504.01(d) cites a relevant case:
“The arbitrary chance selection of a form of a now well known and celebrated building, to be applied to toys, inkstands, paper – weights, etc. does not, in my opinion, evince the slightest exercise of invention….” Bennage v. Phillippi, 1876 C.D. 135, 9 O.G. 1159 (Comm’r Pat. 1876).
This suggests that simply replicating a famous building’s design for a toy would likely be considered lacking in originality. To potentially qualify for a design patent, the toy design would need to incorporate significant original elements or stylization that depart from the mere simulation of the building.
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