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