How do aesthetic design changes affect patentability?

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?

To learn more:

• aesthetic design
• patentability
• ornamentation
• MPEP 2144.04