How does MPEP 1502 define ‘ornamental design’?
How does MPEP 1502 define ‘ornamental design’?
MPEP 1502 provides a specific definition for ‘ornamental design’ in the context of design patents. According to MPEP 1502:
“The ornamental design for an article includes all the characteristics of the article that can be observed visually in its normal use.”
This definition emphasizes several key points:
- Visual nature: The design must be perceivable by sight.
- Normal use: The ornamental aspects should be visible during the article’s intended use.
- Comprehensive view: All visual characteristics are considered part of the design.
It’s important to note that while the design must be ornamental, it can still have functional aspects. However, the primary purpose of the design should be aesthetic rather than utilitarian.
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