How does the concept of nexus apply to design patents?

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.

The concept of nexus also applies to design patents, similar to utility patents. As stated in the MPEP, ‘[T]he obviousness analysis involves determining whether ‘the claimed invention as a whole would have been obvious[]’ (quoting 35 U.S.C. 103 )[], and yet we still require a link to the claimed invention’s unique characteristics in that context. We therefore hold that, as in the utility patent context, objective indicia must be linked to a design patent claim’s unique characteristics.’ (MPEP 716.01(b))

This means that for design patents, objective indicia of non-obviousness must be connected to the unique characteristics of the claimed design, just as they must be for utility patents.