How do aesthetic design changes affect patentability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Aesthetic design changes generally have limited impact on patentability, especially when they serve no mechanical function. According to MPEP 2144.04 , “matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.” This principle is illustrated in the case of In re Seid , where the court found that ornamental changes to a bottle design were not patentable. However, there are exceptions, as seen in Ex parte Hilton , where the shape of fried potato chips was deemed important because it resulted in a distinct product from french fries. Key considerations for aesthetic design changes: Does the change serve a mechanical function? Does the change result in a distinct product? Is there evidence of criticality or unexpected results? Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ornamental Features Without Mechanical Function Cannot Distinguish Patentability MPEP 2144.04 Prohibited Examiner May Use Legal Precedent for Rationale MPEP 2144.04 Permitted Office Personnel May Use Legal Precedent for Obviousness Rejections MPEP 2144 Permitted Rationale for Modifying Prior Art Not Required to be Explicitly Stated MPEP 2144 Required Examiner Must Explain Legal Precedent Rationale MPEP 2144.04 Required Use of Legal Precedent for Obviousness Rejection MPEP 2144.04 Rationale for Combining Prior Art Elements Broadly Applicable MPEP 2144 Arrangement of Upper Body Not Taught by Prior Art MPEP 2144.04 Innovative One-Piece Design Overcomes Prior Art Resonance Issues MPEP 2144.04 Removable Cap for Prior Art Holder MPEP 2144.04 Other Related FAQs 5 FAQs Collapse How does automating a ma...