How does an examiner determine novelty and nonobviousness in design patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. An examiner determines novelty and nonobviousness in design patent applications through a comprehensive search process. According to MPEP 1504 : “Novelty and nonobviousness of a design claim must generally be determined by a search in the pertinent design classes. It is also mandatory that the search be extended to the mechanical classes encompassing inventions of the same general type. Catalogs and trade journals as well as available foreign patent databases are also to be consulted.” This process involves searching various sources to ensure the design is both new and not obvious when compared to existing designs in the same or related fields. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Search Must Include Catalogs, Trade Journals, and Foreign Databases MPEP 1504 Search Must Cover Design and Mechanical Classes MPEP 1504 Required Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Infringement Determined by Overall Design Not Ornamental Features Alone MPEP 1504.02 Requirement for Indicating Foreign Patent Grant Not Evident MPEP 1504.02 Recommended Requirement for Copending Design Patent as Prior Art MPEP 1504.03 Recommended Novelty Requires Nonobviousness Test Under 35 U.S.C. 103 MPEP 1504.03 Required Rejection Must Be Withdrawn If Overcome MPEP 1504 Required Claim for Simulated Design Must Be Original MPEP 1504.01(d) Recommended Examiner Must Provide Appearance Evidence for Rejected Claims MPEP 1504.01(d) Recommended Other Related FAQs 5 FAQs Collapse Are there any exceptions to the benefit claim requirements for design applications? Are there different priority claim requirements for design patent applications? What is the process for addressin...